IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.995 of 2011 1.
Shobha Devi, wife of Manoj Yadav.
2. Birmani Yadav, Son of Karu Yadav.
3. Karu Yadav, Son of Late Aklu Yadav. All are residents of Village-
Goraiyapar, Police Station-Manpur, District- Nalanda…….Appellants.
Versus
The State of Bihar…………………………………………….Respondent.
2. 18.10.2011. Heard learned counsels for the
appellants and the State.
Admit.
Call for the lower court record.
The appellants being the father,
younger brother and brother’s wife of
husband have been convicted under Sections
304(B) and 498A of the Indian Penal Code.
Though general accusation is of
poising against the entire family but it
appears that the informant, father of the
deceased, P.W. 6 during cross-examination
has admitted as it appears from paragraph
no. 11 of the judgment that the informant
implicated the accused persons on the basis
of hearsay information but he subsequently
came to know that the victim died to
diarrhoea.
In the circumstances, let the
appellants, above named, be released on
2
bail, during the pendency of the appeal, on
furnishing bail bond of Rs. 10,000/-(Ten
Thousand)each with two sureties of the like
amount each to the satisfaction of the
learned Additional Sessions Judge, Fast
Track Court No. IInd, Nalanda at Bihar
Shariff in connection with Sessions Trial
Nos. 55 of 2011 and 56 of 2011 and
realization of fine, as imposed upon the
appellants, shall also be stayed.
(Shyam Kishore Sharma,J) U. K. ( Dinesh Kumar Singh, J)