IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (SJ) No.1157 of 2010
MANTOO SINGH
Versus
STATE OF BIHAR
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3. 28.3.2011 I.A. No. 557 of 2011
The appellant has made a prayer for bail through
this interlocutory application, as he had not made the prayer for
bail in the memo of appeal, which was considered after receipt
of the lower court records.
Heard both the sides.
The appellant Mantoo Singh is the husband of the
deceased who has been convicted and sentenced to a couple of
terms under Section 304B and 201 of the I.P.C.
The contention is that the parents of the deceased,
P.Ws. 3 and 7 did not support the charges and, as such, were
declared hostile along with one of the brothers of the deceased,
namely, P.W. 1. As regards the other brother of the deceased,
P.W. 6, his evidence in paragraph 8 was read out to the Court
wherein he has stated the room where other relatives of the
bridegroom were staying and that there was an arranged
marriage and there was no demand of dowry at that particular
stage. Above all, the appellant was already on bail and, as such,
on the day of passing the judgment of conviction he was taken
into custody.
Regard being had to the facts and the contention
and that the appellant was enjoying the privilege of bail prior to
2
being convicted, let the appellant Mantoo Singh be directed to
be released, during pendency of this appeal, on furnishing a
bond of Rs. 10,000/-( ten thousand) with two sureties of the like
amount each to the satisfaction of the trial court, i.e., 3rd
Additional Sessions Judge, Rohtas at Sasaram in Sessions Case
No. 568 of 2008/ Tr. No. 112 of 2009.
As regards sentence of fine, realisation thereof
from the appellant shall remain stayed till further orders.
Kanth ( Dharnidhar Jha, J.)