Patna High Court
RAVINDRA KUMARversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the interlocutory application, suspending the sentence and granting bail to the appellant pending the disposal of the appeal.
Summary
The appellant, Ravindra Kumar, was convicted under Section 304B of the Indian Penal Code and Section 4 of the Dowry Prohibition Act for a dowry‑related offence, receiving a ten‑year rigorous imprisonment term, a fine of Rs.10,000, and an additional six‑month simple imprisonment with a fine of Rs.1,000. After serving approximately five and a half years, he filed Interlocutory Application No. 1 of 2021 seeking suspension of the remaining sentence and release on bail pending the appeal against the conviction. The State opposed the application. The High Court, after considering the appellant’s time already served and the principles governing bail pending appeal, allowed the application, suspending the substantive sentence and directing release on a personal bond of Rs.10,000 with two sureties of equal amount. The court also stayed recovery of the fine until the appeal is disposed, subject to the appellant’s cooperation with the court.
Issues considered
- What is the appropriate discretion of the court in granting bail and suspending a sentence pending an appeal in a conviction under IPC Section 304B and Dowry Prohibition Act Section 4?
Legislation cited
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 304B
Subjects
- dowry death
- IPC 304B
- Dowry Prohibition Act
- bail
- suspension of sentence
- interlocutory application
- criminal appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1330 of 2021
Arising Out of PS. Case No.-157 Year-2013 Thana- BIHIA District- Bhojpur
======================================================
Ravindra Kumar Son of Chutur Ram Resident of Village - Samardah, P.S.-
Bihiya, Distt.- Bhojpur.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Manoj Kumar, Advocate
For the Respondent/s : Mr.A.G.
For the O.P. No. 2 : Mr. Rajesh Kumar Mishra, Advocate
Mr. Basant Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
14 20-01-2026 Re.: Interlocutory Application No. 01 of 2021
Heard learned counsel for the appellant and learned
APP for the State.
2. The present appeal has been filed on behalf of the
appellant challenging the judgment dated 05.11.2020 and
sentenced dated 13.11.2020 passed by the learned Additional
District & Sessions Judge 11th, Bhojpur at Ara in S.Tr.no-
37/2014 arising out of Bihiya P.S. Case No. 157/2013 whereby
the present appellant and other were convicted under Section
304(B) of the IPC and Section 4 of the D.P. Act.
3. The present appellant Ravindra Kumar was
sentenced for 10 years of rigorous imprisonment and a fine of
Rs. 10,000/- for the offence under Section 304(B) and for the
Patna High Court CR. APP (SJ) No.1330 of 2021(14) dt.20-01-2026
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offence under Section 4 of the Dowry Prohibition Act, the
appellant was sentenced to undergo six months simple
imprisonment and a fine of Rs. 1000/-. On default of payment
of fine, the appellant shall undergo a further three months
simple imprisonment. Both the sentences were to run
concurrently.
4. The present application bearing Interlocutory
Application No. 1 of 2021 is filed for suspension of sentence
and for releasing the appellant on bail during the pendency of
the appeal filed by him.
5. Learned counsel for the appellant has submitted
that the appellant has already undergone about five and half
years of sentence.
6. The learned APP appearing for the State has
opposed this interlocutory application.
7. Considering the submission of learned counsel for
the appellant, the Interlocutory Application No.01 of 2021 is
allowed. Accordingly, the substantive sentence of imprisonment
imposed on the appellant is suspended and he is directed to be
released on bail on executing P.R. bond of Rs. 10,000/- (Rupees
Ten Thousand only) and on furnishing two sureties of the like
amount to the satisfaction of learned Additional District &
Patna High Court CR. APP (SJ) No.1330 of 2021(14) dt.20-01-2026
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Sessions Judge 11th, Bhojpur at Ara in S.Tr. no-37/2014 arising
out of Bihiya P.S. Case No. 157/2013, till the disposal of this
appeal.
8. As a condition of this order, the applicant should
co-operate with this Court in disposal of the appeal. Till disposal
of the appeal, recovery of fine imposed on the appellant is kept
in abeyance if not already paid.
8. The Interlocutory Application No. 01 of 2021
stands allowed.
(Sandeep Kumar, J)
P. Kumar
U T
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