Niraj @ Niraj Kashyap v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21274 of 2020 Arising Out of PS. Case No.-819 Year-2019 Thana- SASARAM NAGAR District- Rohtas ====================================================== NIRAJ @ NIRAJ KASHYAP Son of Late Shakar Prasad @ Shanker Seth Resident of Village - Karan Sarai, P.S.- Sasaram Town, Distt.- Rohtas, Bihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Shankar Sahay For the Opposite Party/s :
Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-11-2020 Heard Mr. Ravi Shankar Sahay, learned counsel for the petitioner and Mr. Akshay Lal Pandit, learned counsel appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Sasaram (T) P.S. Case No. 819 of 2019 registered for the offence under Section 304B / 34 of the I.P.C. The allegation against the petitioner as per the First Information Report is that the daughter of the informant was married to the petitioner about 09 years back and she had 02 children out of the wed lock. It has been alleged that the accused persons including the petitioner started demanding Rs. 5 Lakhs as dowry and due to non fulfillment of the same, she was assaulted by the accused persons on 22.08.2019 and the victim was admitted in the clinic of Dr. Chitranjan and further
2/4 Shubham Hospital, Varanasi where she died on 28.08.2019. Learned counsel for the petitioner submits that petitioner has not committed any offfence in the manner alleged and from perusal of the First Information Report it would be evident that marriage was solemnized about 09 years back and out of the wed lock 02 children had born as such the submission is no offence under Section 304(B) of the I.P.C. is made out against the petitioner. Learned counsel further submits that the deceased fell down from stairs due to which she sustained injuries on chin, head and neck and was admitted in the hospital where she died on 28.08.2019 and was cremated on the very next day on 29.08.2019 in which the informant and other family members of the deceased also participated.
Learned counsel further submits that the shradh ceremony of the deceased was completed on 11.09.2019 but the present F.I.R. has been lodged with pre- meditated mind on 14.09.2019 i.e. after the delay of 17 days from the date of death of the victim. Learned counsel further submits that on the basis of injuries sustained on the body of the deceased the doctor who conducted post mortem was not in a position to give his opinion regarding the cause of death and the viscera was preserved for its chemical analysis.
3/4 referring to the case diary submits that the mother of the victim has stated that the daughter of the informant was being tortured earlier also and in the year 2018 an F.I.R. was lodged and the daughter of the informant had also sustained injuries. This court vide order dated 02.07.2020 had called for the viscera report which has been furnished in a sealed cover by the Director Incharge, Forensic Science Laboratory, Bihar, Patna and from perusal of the same it is evident that no metallic, alkaloidal, glycosidal, pesticidal or volatile poison has been detected. The viscera report was placed in a sealed cover before this court which was opened after breaking the seal and the Office is directed to re-seal the same and return it to the concerned authority as early as possible.
After having heard learned counsel for the parties and taking into consideration the materials available on record and the fact that charge sheet has already been submitted in this case and the petitioner is in custody since 16.11.2019, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Sasaram, Rohtas / court concerned
4/4 in connection with Sasaram (T) P.S. Case No. 819 of 2019 subject to the condition that :- (i) that the petitioner shall remain present on each and every date during the course of trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall be liable to be cancelled.
It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) praful/- U T