IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (SJ) No.154 of 2011
MANOJ PANDIT
Versus
THE STATE OF BIHAR
-----------
3. 28.3.2011 The prayer for bail of the appellant was considered
on receipt of the lower court records.
Heard both the sides.
The appellant is the husband who has been
convicted under Sections 304B and 201 of the I.P.C. and
sentenced to different terms of imprisonment, the maximum
being seven years rigorous imprisonment under Section 304 B
of the I.P.C.
On consideration of the evidence of three P.Ws
and the Doctor, a probability may be there that the lady could
have been shifted to the Hospital of D.W.4 Dr. Vinay Kumar
Tiwary at Ara from where she was shifted to a Govt. Hospital on
account of bleeding and lack of liquid in her body. Some of the
prosecution witnesses have also supported during the course of
their evidence the above facts and ultimately the death of the
deceased.
Regard being had to the above facts and the
contention, let the appellant, namely. Manoj Pandit 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 Judge, Fast Track Court-I,Banka in Sessions Trial No.
2
352 of 2009.
As regards sentence of fine, realisation of the same
against the appellant shall remain stayed till further orders.
Kanth ( Dharnidhar Jha, J.)