Aman Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56018 of 2018 Arising Out of PS. Case No.-66 Year-2018 Thana- SHEOHAR District- Sheohar ====================================================== Aman Sah S/o Harihar Sah, R/o Vill.- Mali Pokhar Bhinda, P.S. and DistrictSheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Shankar Singh For the Opposite Party/s :

Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 304(B)/34 of the Indian Penal Code. Allegation is that the accused persons including the petitioner caused death of the sister of the informant due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The specific allegation has been made that the deceased was poisoned to death.

The viscera report is as follows :

Patna High Court Cr.Misc. No.56018 of 2018(4) dt.19-12-2018 2/2 "No Metalic, Alkaloidal, Glycosidal, Pesticidel and Volatile poison could be detected in the dark brown fluid as described above."

It is evident from the viscera report that it is not a case of poisoning nor there is any evidence to that effect. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sheohar in connection with Sheohar P.S. case No.66 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Let the viscera report be returned to the Director, Forensic Science Laboratory, Muzaffarpur.

(Sudhir Singh, J) Narendra/- U T