Ajay Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26126 of 2016 Arising Out of PS.Case No. -194 Year- 2015 Thana -PAKARIBARAW District- NAWADA ====================================================== Ajay Prasad Son of Late Chamari Mahto, Resident of Village- Poksi, P.S.- Pakaribarwan, District- Nawada.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bharat Lal For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Section 304(B)/34 of the Indian Penal Code.

The allegation against the petitioner is of committing murder of his wife, due to non-fulfillment of the demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.12.2015. After investigation, charge sheet has been submitted under sections 302 and 494 of the Indian Penal Code. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been

Patna High Court Cr.Misc. No.26126 of 2016 (4) dt.21-09-2016 2/2 implicated in the present case. From perusal of the postmortem report, it is evident that there is no external or internal injury on the body of the deceased. Hence, the cause of death could not be ascertained. From perusal of the Viscera report, it has been stated that "No Metallic, Alkaloidal, Glycosidal, Pesticidal or volatile poison could be detected in the contents of Glass Jars as described above". Hence, the aforesaid facts clearly indicate that the deceased had a natural death.

On behalf of the state it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 the learned Chief Judicial Magistrate, Nawada, in connection with Pakaribarawan P.S. Case No. 194 of 2015 (G.R. No. 2949 of 2015).

The Viscera report be returned to the Director, Forensic Science Laboratory, Patna, in sealed cover.

(Sudhir Singh, J.) Amit/- U T