High Court Patna High Court - Orders

Birendra Choudhary vs The State Of Bihar on 18 April, 2011

Patna High Court – Orders
Birendra Choudhary vs The State Of Bihar on 18 April, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CR. APP (SJ) No.433 of 2011
                              BIRENDRA CHOUDHARY
                                         Versus
                               THE STATE OF BIHAR
                                       -----------

2. 18.4.2011 This appeal shall be heard.

Call for the lower court records.

As regards the prayer for bail of the appellant, it

was contended that conviction of the appellant under Section

304B of the Indian Penal Code could not be sustainable in law

inasmuch as the allegation being that the deceased was

administered poison as a result of which she died could not be

upheld in the light of the evidence of the Doctor who had treated

her in Sadar Hospital, Siwan. Attention of the Court in the above

behalf has been drawn to paragraph 15 of the judgment which

contains the discussions of the evidence of Doctor S.K. Aman

who had operated upon the deceased for peritonitis and it was

indicated that she was hospitalized in the hospital and peritonitis

was not as a result of any use of force or assault rather it was on

account of certain circumstances as indicated in the evidence of

the said Doctor.

Regard being had to the submission and the

evidence, let the appellant, Birendra Choudhary, who was all

along on bail prior to being convicted, 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., Additional Sessions
2

Judge, Fast Track Court-I, Gopalganj, in Sessions Trial No. 388

of 1994/130 of 2009.

As regards sentence of fine, realisation thereof

shall remain stayed till further orders.

Kanth                                         ( Dharnidhar Jha, J.)