Dharmendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42173 of 2014 Arising Out of PS.Case No. -241 Year- 2012 Thana -MADANPURA District- AURANGABAD ======================================================
1. Dharmendra Kumar Son of Late Arjun Singh Resident of Village - Teldiha, P.S. - Madanpur, dist.-Aurangabad .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Lal Bahadur Singh For the Opposite Party : Mr. Md.Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-05-2015 Petitioner being husband of the victim is languishing in custody since 25.03.2013 in a case registered for the offences punishable under Sections 302, 328 of the Indian Penal Code.
It is alleged that petitioner, after eighteen years of marriage, killed his wife by administering poison. It is submitted by learned counsel for the petitioner that the postmortem does not reflect any external or internal injury. Hence the cause of death has not been ascertained and the viscera has been preserved. The F.S.L report has also not been obtained by the investigating agency till date.
It is submitted by learned counsel for the State that minor son of the petitioner has stated in his 161 Cr.P.C statement before the I.O that petitioner administered some poisonous tablet to the victim and thereafter the victim died.
Patna High Court Cr.Misc. No.42173 of 2014 (4) dt.21-05-2015 2/2 Though before administering the alleged tablet the petitioner brutally assaulted the victim.
Considering the fact that no internal or external injury, particularly the resisting injury was found by the doctor while conducting postmortem and the viscera report has not been received till date, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Aurangabad in connection with Madanpur P.S. Case No. 241 of 2012. (Dinesh Kumar Singh, J) Shageer/- U T