Arun Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11560 of 2013 Arising Out of PS.Case No. -62 Year- 2012 Thana -HATHAURI District- SAMASTIPUR ====================================================== Arun Kumar Mandal, S/o Rameshwar Mandal, Resident of VillageMajrahiya, P.S.- Hathauri (Shivaji Nagar O.P.), District- Samastipur .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr.
For the Opposite Party : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 14-01-2015 Heard learned counsel for the petitioner and the State.
Petitioner is the owner of a grocery shop. He has sold eatable, namely, Fofi to the two kids who subsequently died. It is said that the eatable was poisonous and that is how petitioner is apprehending arrest in a case under Section 304/328 of the Penal Code.
It is submitted on behalf of the petitioner that viscera of both the deceased was preserved for chemical examination and sent to the Forensic Science Laboratory, Patna. Report of Forensic Science Laboratory, Patna is dated 28.11.2012, wherefrom it appears that no Metallic,
Patna High Court Cr.Misc. No.11560 of 2013 (6) dt.14-01-2015 Alkaloidal, Glycocidal, Pesticidal or Volatile Poison could be detected in the contents of polythene packets.
In view of the report of Forensic Science Laboratory, Patna, let petitioner, named above surrender in the court below within four weeks from the date of receipt/production of a copy of this order and thereafter be released on bail on furnishing bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Rosera, DistrictSamastipur in connection with Hathauri (Shivajee Nagar O.P.) P.S. Case No. 62/2012, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (V.N. Sinha, J) P.K.P.
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