Raju Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57740 of 2015 Arising Out of PS.Case No. -61 Year- 2015 Thana -KASMA District- AURANGABAD ====================================================== Raju Kumar Singh Son of Sahendra Singh R/o Village Dugal, P.S. Kasma, District Aurangabad, Bihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Leelawati Kumari For the Opposite Party/s : Mr. Satyendra Pd.(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 302/ 201/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has been named only on account of petty village politics and as a matter of fact, the petitioner had no enmity worth name with the deceased. It is further submitted that though there was an allegation of poisoning, but as per the Viscera report, the said case has been found to be false. This Court after calling for the case diary had been awaiting for the result of Viscera report which has now been received in this Court from the Forensic Science

Patna High Court Cr.Misc. No.57740 of 2015 (4) dt.06-05-2016 P2/2 Laboratory vide Memo No. 513 dated 31.03.2016. From the said Viscera report, it appears that no Metallic, Alkaloidal, Glycosidal, Pesticidal or Volatile Poison could be detected in the content of the plastic container marked as A, B, C, D, E and G which were samples collected from the body of the deceased. Considering the facts the Viscera report does not corroborate the prosecution story, let the petitioner, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad, in connection with Kasma P.S. Case No. 61 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

Viscera report so received may be sent back to the Court below.

(Anjana Mishra, J) Saif/- U T