IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (SJ) No.94 of 2011
RAMCHANDRA MAHTO @ CHANDAR MAHTO & ANR.
Versus
THE STATE OF BIHAR
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3. 28.3.2011 The prayer for bail of the appellants was
considered after receipt of the lower court records.
Heard both the sides.
The two appellants have been convicted under
Sections 306 and 498A of the I.P.C. and each of them has been
directed to suffer rigorous imprisonment for seven years and one
year, respectively, as also to pay some amount as fine as
indicated in the operative part of the judgment.
The contention is that the witnesses who have been
examined did not state that there was any instigation or
circumstances created by the appellants so as to compelling the
lady to end her life. Besides, there was no report of Forensic
Science Laboratory that she died on being poisoned. The third
contention was that even admitting the evidence of the witnesses
to be correct, it was at best a case of committing suicide by
swallowing poison and it was lastly contended that the two
appellants were enjoying the privilege of bail prior to being
convicted.
Regard being had to the facts and the contentions,
let both the appellants, namely, Ramchandra Mahto alias
Chandar Mahto and Krishne Devi alias Smt. Krishna Devi be
directed to be released, during pendency of this appeal, on
2
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, Fast Track Court No. V,
Nalanda at Biharsharif, in Sessions Trial No. 569 of 2003.
As regards sentence of fine, realisation thereof
shall remain stayed till further orders.
Kanth ( Dharnidhar Jha, J.)