Patna High Court – Orders
Md. Shibu vs The State Of Bihar on 4 August, 2025
Author: Nawneet Kumar Pandey
Bench: Nawneet Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4746 of 2024
Arising Out of PS. Case No.-614 Year-2022 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
Md. Shibu S/o- Md. Jainul Village- Sankh Taraiya Mubarakpur Ps- Muffassil
Dist- Begusarai ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 4676 of 2024
Arising Out of PS. Case No.-614 Year-2022 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
1. Chunni khatton @ Chunni Devi W/o Md. Jainul R/o Village- Sankh,
Taraiyya Mubarakpur, P.S.- Mufassil, District- Begusarai
2. Md. Lado @ Md. Hasan S/o Md. Jainul R/o Village- Sankh, Taraiyya
Mubarakpur, P.S.- Mufassil, District- Begusarai
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (SJ) No. 4746 of 2024)
For the Appellant/s : Mr.Ranjit Kumar Thakur
For the Respondent/s : Mr.Zeyaul Hoda
(In CRIMINAL APPEAL (SJ) No. 4676 of 2024)
For the Appellant/s : Mr.Ranjit Kumar Thakur
For the Respondent/s : Mr.Zeyaul Hoda
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
6 04-08-2025
Learned counsel for the appellants is directed to
implead the informant of this case as opposite party-respondent
No. 2 to Cr. Appeal No. 4676 of 2024 in course of the day.
2. Issue notice to opposite party-respondent No. 2
through both processes i.e. registered cover with A/D as well as
through ordinary process, for which, requisites etc must be filed
within a period of two weeks.
Patna High Court CR. APP (SJ) No.4746 of 2024(6) dt.04-08-2025
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3. Heard learned counsel for the appellants and
learned counsel for the State.
4. These appeals have been preferred against the
judgment of conviction dated 11-09-2024 and order of sentence
dated 20-09-2024 passed in S.T. Case No. 832/ 2023. CIS No.
832/2023 arising out of Mufassil P.S. Case No. 614 of 2022, by
Sri Anand Kumar Singh-1, Addl. Sessions Judge-III, Begusarai
whereby and where under the appellants have been found guilty
for the offences punishable u/s 307, 341, 323, 337, 338/34 I.P.C.
and ¼ of D. P. Act and convict sentenced to undergo Rigorous
imprisonment for a period of 10 years and fine of Rs. 20,000/-
for offence u/s 307/34 I.P.C. and in case of default of payment
of fine, they shall further undergo 3 months of S.I., further R.I.
for 1 month and fine of Rs. 500/- for offence u/s 341/34 I.P.C
and in case of default of payment of fine, further to undergo 1
month of S.l. Convicts were further sentenced to undergo R.I for
1 year and fine of Rs. 1000/- for offence u/s 323/34 I.P.C. and in
case of default of payment of fine, to further undergo 1 month
S.I., further R.I. for 6 months and a fine of Rs. 500/- for offence
u/s 337/34 of I.P.C. and in case of default of payment of fine,
they shall further undergo 1 month of S.I., the Convicts were
further sentenced to undergo R.I. for 2 years and fine of Rs.
Patna High Court CR. APP (SJ) No.4746 of 2024(6) dt.04-08-2025
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1000/- for offence u/s 338/34 of I.P.C. and in case of default of
payment of fine, they shall further undergo 1 months of S.I.,
further R.I. for 5 years and a fine of Rs. 15,000/- for offence u/s
3 of D.P. Act and in case of default of payment of fine, they
shall further undergo 1 month of S.I. and the convicts were
further sentenced to undergo R.I. for 2 years and fine of Rs.
5000/- for offence u/s 4 of D.P. Act and in case of default of
payment of fine, they shall further undergo 1 month of S.I.. All
the sentences were directed to run concurrently.
5. According to FIR, the appellant, Md. Shibu was
making pressure upon the victim for marriage. The marriage
was solemnized. Thereafter, the accused persons demanded
dowry. There is also allegation that the appellants kicked down
the victim from the roof and after falling, she suffered injuries.
6. While making the prayer to suspend the sentence
and grant of bail, it has been submitted on behalf of the
appellants that the appellants Chunni Khatoon @ Chunni Devi
and Md. Lado @ Md. Hasan are mother-in-law and brother-in-
law (Devar) of the victim and they have no concern with day to
day affairs of the couple. They are under custody since 06-05-
2023.
7. Learned APP has opposed the prayer for bail.
Patna High Court CR. APP (SJ) No.4746 of 2024(6) dt.04-08-2025
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8. Considering the aforesaid facts and circumstances
coupled with the fact that there is no chance of the appeal being
taken up for hearing in near future, during pendency of the
appeal, let the sentence of the appellants namely Chunni
Khatoon @ Chunni Devi and Md. Lado @ Md. Hasan (in Cr.
Appeal No. 4676 of 2024) be suspended and they be released
on bail on furnishing bail bond of Rs. 10,000/- (ten thousand)
each with two sureties of the like amount each to the
satisfaction of learned Addl. Sessions Judge-III, Begusarai in
S.T. Case No. 832/ 2023. CIS No. 832/2023 arising out of
Mufassil P.S. Case No. 614 of 2022.
9. So far as the appellant, Md. Shibu, husband of the
deceased is concerned, he is directed to be released on bail
provisionally for six months on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of court below in connection with the
above-mentioned case.
10. During pendency of the appeal, the fine imposed
upon the appellants shall remain stayed.
(Nawneet Kumar Pandey, J)
A.K.V.//-
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