Geeta Devi vs State of Jharkhand

I.A.No.7652 of 2016 Heard Mr.Vijay Kumar Roy, learned counsel appearing for the appellants and Mr.Nagmani Tiwari, learned Addl. P.P. appearing for the State on the Interlocutory Application bearing no 7652 of 2016 wherein prayer has been made to enlarge the appellants,Geeta Devi and Chintaman Ravidas, on bail.

Mr. Vijay Kumar Roy, learned counsel appearing for the appellants, submits that the appellants have been convicted for the offence under Section 304(B) read with Section 34 of the Indian Penal Code and have been sentenced to undergo imprisonment for ten years. He further submits that there is absolutely no material regarding demand of dowry and torture against the appellants and the present appellants are in custody since 17.10.2013, i.e. more than three years and this appeal will not likely to reach within 20 years and therefore, the appellants may be released on bail.

Mr. Nagmani Tiwari, learned Addl. P.P. appearing for the State has vehemently opposed the prayer for bail of the appellants on the ground that there is cogent evidence of P.W.1 and P.W.2 (mother of the deceased and sister of the deceased) in respect of demand of dowry and torture and the deceased died within seven years of marriage and hence, the appellants do not deserve to be released on bail.

Perused the lower court records.

Considering the evidence of P.Ws.1,2 and the period of custody of the appellants and that appellant no.1 is lady and also the fact that this criminal appeal will not likely to reach within 20 years, this court, during the pendency of this appeal, directs the trial court (Additional Sessions Judge IV, Giridih) to admit the appellant no.1, Geeta Devi on bail, on such terms and condition as it may deem fit and proper in Session Trial No.28 of 2014.

So far the appellant no.2, Chintaman Ravidas is concerned, his prayer for bail is rejected at this stage.

However, he is at liberty to renew the prayer for bail after six months.

I.A. No.7652 of 2016 stands disposed of.