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Patna High CourtCR. MISC./21092/2016dismissed

Rakesh Tiwary v. The State Of Bihar

2016-10-17Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21092 of 2016 Arising Out of PS.Case No. -111 Year- 2015 Thana -ISUAPUR District- SARAN ====================================================== Rakesh Tiwary, S/o Shambhu Tiwary, resident of village- Piparahia, P.S.- Isuapur, Distt.- Chapra, Saran .... .... Petitioner/s

Versus

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

For the Petitioner : Ms. Kumari Rashmi, Advocate For the S t a t e : Mr. Shantanu Kumar (APP) For the Informant : Mr. Anurag Pandey, Advocate Mr. Subansh Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-10-2016 Heard learned counsel for the petitioner and the learned counsel for the informant as well as the learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Isuapur P.S. Case No.111 of 2015 for allegedly having committed the offence under Section 304B/34 of the Indian Penal Code, which is pending in the court of the learned Additional Chief Judicial Magistrate, VI, Saran at Chapra.

In view of the fact that the report of the Forensic Science Laboratory of the viscera of the victim lady indicates the presence of Aluminium Phosphide, which is commercially

Patna High Court Cr.Misc. No.21092 of 2016 (7) dt.17-10-2016 2/2 known as "Celphos" and is used as grain preservative, which is highly poisonous, as has been found in her viscera, the complicity of the petitioner cannot be ruled out. As such, the prayer for anticipatory bail made on behalf of the petitioner is rejected.

(Anjana Mishra, J) PNM U T