On completion of trial, the learned A.C.J.M., Dalsigsarai held the petitioner guilty of the charges under the aforementioned Sections of the IPC. He was sentenced for a term of six months under Section 323 of the IPC, for a term of two years under Section 498-A of the IPC and for a term of five years under Section 494 of the IPC vide judgment dated 04.03.2017 passed in Complaint Case No.404 of 2004/Trial No.290 of 2017. Since the petitioner was on bail from before he was granted provisional bail by the court of Magistrate in exercise of power conferred under Section 389(3) of the CrPC as the petitioner intended to prefer an appeal against the judgment and order of conviction and sentence. Thereafter, he filed Cr.Appeal No.19 of 2017 in the Court of Session Judge, Samastipur and prayed that the provisional bail granted to him by the learned Magistrate under Section 389(3) of the CrPC be confirmed till the final disposal of the appeal. However, the learned Public Prosecutor appearing for the State raised an objection that since the petitioner was sentenced to undergo rigorous imprisonment for five years under Section 494 of the IPC by the court of Magistrate, it had no power to release him on provisional bail in exercise of power conferred under Section 389(3) of the CrPC.
