IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19593 of 2009 NEMI SAH son of Nath Sah @ Shrinath Sah, resident of village-Panpura, P.S.-Tarari, Dist.-Bhojpur. Versus STATE OF BIHAR ----------- 5. 6.10.2009. Report of the Forensic Science Laboratory, Bihar, Patna has been received in a sealed cover which is being opened during the course of present hearing. Heard learned counsel appearing on behalf of the petitioner and the State. The petitioner has been made accused in a case arising out of Tarari P.S. Case No.66 of 2007(Sessions Trial No.278 of 2008) punishable under section 304B of the Indian Penal Code. Substance of the allegation as set out in the first information report instituted by the mother of the deceased is that the continuous assault by the petitioner and his family members led to death of her daughter. It is contended on behalf of the petitioner that there is no specific allegation of either assault or torture against the present petitioner nor postmortem report indicates towards any external injury. Copy of the viscera report furnished under the order of this court also does not indicate the death by poisoning. It is further contended that the petitioner is husband and the deceased died of a natural death under the treatment of the doctor. It is also contended that there is no criminal antecedent against the petitioner, who is rotting in jail since 7.3.2008. - 2 - Having regard 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.10,000/- with two sureties of the like amount each to the satisfaction of F.T.C.-V, Ara in connection with S. Tr. No.278 of 2008 arising out of Tarari P.S. Case No.66 of 2007 subject to the condition that the petitioner would co-operate with the trial of the case and would be attending the court on each and every date fixed in the matter. If the petitioner fails to attend the trial on two consecutive dates, the trial court would be at liberty to institute a proceeding for taking him into custody. Let the report furnished by the Director, Forensic Science Laboratory, Bihar, Patna, be returned to him in sealed cover through the Registrar General, High Court, Patna. Md.S. (Jyoti Saran,J.)