Ratan Biswas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56996 of 2015 Arising Out of PS.Case No. -138 Year- 2015 Thana -BAUSI District- PURNIA ======================================================

1. Ratan Biswas son of late Ganesh Biswas Resident of Village-Malharis, Police Station- Baisi, district Purnia.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vikram Singh For the Opposite Party/s : Mr. Pronati Singh (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-07-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Baisi P.S. Case No. 138 of 2015 registered for the offences punishable under Sections 304-B/34 of the Indian Penal Code. Learned counsel for the petitioner submits that as per the allegations there was a demand of dowry by the present petitioner. It is further submitted that though it is clearly stated in the First Information Report itself that there was no evidence of any external injury from the body yet the informant's daughter had been subjected to cruelty inasmuch as she was being periodically beaten up and that the villagers had reported that she had not been given food for the past two days.

Diary alongwith Forensic Science Laboratory report in this

Patna High Court Cr.Misc. No.56996 of 2015 (5) dt.18-07-2016 P2/2 case was called for earlier which have since been received. After perusing the Forensic Science Laboratory report, it appears that Aluminium Phosphide which is commercially known as 'Celphos', a highly poisonous substance, was present in the contents of the glass jar which was sent for examination. Considering the aforementioned facts and circumstances, I am not inclined to grant anticipatory bail to this petitioner. It is, accordingly, rejected.

(Anjana Mishra, J) Saif/- U T