Judgment:
IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 5277 of 2013 Niraj Singh Petitioner Versus The State of Jharkhand Opp. Party ----- CORAM: HONBLE MR. JUSTICE R.R. PRASAD ----- For the Petitioner : Mr. A.K. Kashyap, Sr. Advocate For the State : A.P.P. ----- 4/16.08.2013 Heard the parties. The petitioner is an accused in a case instituted under Sections 304-B/201/34 of Indian Penal Code. Mr. A.K. Kashyap, learned senior counsel appearing for the petitioner, submits that Munna Devi while had gone to fetch water from a well, she slipped as a result of which she drowned and as such an information was given by the village chowkidar upon which an U.D. case was registered. The dead-body was taken out from the well and when the information was given to the parents of the deceased, father came there and attended funeral. At that point of time, the police did inquire from the father of the deceased as to whether he has any suspicion about any foul play, he categorically said to the police that since the deceased had drowned in the well accidentally, he had nothing to say in the matter, still a case was lodged after ten days of the said occurrence alleging therein that this petitioner, who on the day of occurrence was never in the village, has committed offence of dowry death. During investigation, the case was never found to be true under Section 304-B/201/34 of Indian Penal Code rather it was found to be true under Section 498A of Indian Penal Code for which this petitioner can be said to have sufficiently been punished, as he has been in custody since 5.10.2012. Regard being had to the facts and circumstances of the case, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Palamau at Daltonganj in connection with Sadar (Satbarwa) P.S. Case No. 338 of 2012 arising out of G.R. No. 1390 of 2012. AKT (R.R. Prasad, J.)