IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (SJ) No.125 of 2011
Pappu Prasad &Anr
Versus
The State Of Bihar
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7. 28.7.2011 Heard Shri Devendra Narayan Singh, learned
counsel for the appellants and Shri Ajay Mishra, learned A.P.P.
for the State on the prayer for bail of the appellants which has
been considered on receipt of the lower court records.
It was contended by learned counsel appearing on
behalf of the appellants that though the appellants have been
convicted under Section 304B of the Indian Penal Code and
sentenced to seven years of rigorous imprisonment, the
prosecution case has not been supported by the forensic Science
Laboratory also as it has not traced out any poisonous substance
in the viscera. The Doctor who held the post mortem
examination on the dead body did not also come to a conclusion
as to what was the cause of death though he found a lacerated
wound on the forehead of the deceased but that does not appear
to be the cause of death. The contention was further that the lady
was alleged to have been killed by administering poison. It was
contended that the lady had fallen down from the rooftop and
had received the injury which was recorded by the Doctor and
that was the cause of her death.
Regard being had to the contentions and lack of
support from the Forensic Science Laboratory to the allegation,
let both the appellants, namely, Pappu Prasad and Sanjay Prasad
2
be directed to be released, during pendency of this appeal, on
furnishing bonds each 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-I, Saran at Chapra in
Sessions Trial No. 617 of 2006/23 of 2007.
Kanth ( Dharnidhar Jha, J.)