Patna High CourtCR. MISC./15416/2017bail granted

Abhishek Kashyap @ Abhishekh Kashyap Laxman Kashyap v. The State Of Bihar

2017-05-15Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15416 of 2017 Arising Out of PS.Case No. -993 Year- 2016 Thana -SASARAM TOWN District- SASARAM (ROHTAS) ====================================================== ABHISHEK KASHYAP @ ABHISHEKH KASHYAP Laxman Kashyap S/o Uma Shankar Gupta .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Niranjan Parihar For the Opposite Party/s : Mr. Sri Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-05-2017 Heard both sides.

The petitioner seeks bail in Sasaram Town P.S. case No. 993 of 2016 under Section 304B, 120B/34 of the Indian Penal Code.

The informant alleged that his daughter was married to Vivek Kashyap @ Ramji, son of Uma Shankar Gupta, in the year 2012 but her husband and other in-laws, including the petitioner, who happens to be brother-in-law of the deceased, used to torture her due to non fulfillment of demand of motor cycle and ornaments. It is further alleged that petitioner made attempt to outrage the modesty of the deceased for which the deceased herself lodged Town P.S. case No. 1318 of 2015 on 26.11.2015. The learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.15416 of 2017 (4) dt.15-05-2017 2/2 the marriage was solemnized in the year 2012. The victim herself committed suicide as her dead body was found hanging from the ceiling fan. The petitioner is brother-in-law of the deceased. In Town P.S. case no. 1318 of 2015 the petitioner was granted bail vide order dated 12.04.2017. The petitioner is in jail since 31.08.2016.

Having considered the facts that the marriage was solemnized in the year 2012 and after four years of the marriage the informant made allegation of demand of dowry and torture against her husband and other in-laws but no specific allegation is made against the petitioner, who happens to be brother-in-law of the deceased, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram in Sasaram Town P.S. Case No. 993 of 2016, S. Tr. No. 588 of 2016.

(Prabhat Kumar Jha, J) BKS/- U T