Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17002 of 2012 ====================================================== Ramesh Kumar @ Ramesh Sao @ Soni @ Soni Sao S/O Baleshwar Sao Resident Of Village- Nayetola Sangatpur, P.S.- Bakhtiyarpur, District- Patna .... .... Petitioner Versus 1. The State Of Bihar .... .... Opposite Party PRESENT : HONOURABLE MR. JUSTICE S.N. HUSSAIN ORDER 3. 04-06-2012. Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused in Bakhtiarpur P.S.Case No.319 of 2011 for offences punishable under [STATUTE] . Learned counsel for the petitioner submits that the petitioner is husband of the deceased but the entire allegation levelled against him is absolutely false and frivolous as no mark of external or internal injury has been found on the body of the deceased rather the cause of death as shown is due to poison. Learned counsel for the petitioner further submits that from the case diary itself it is quite apparent that the deceased was in the habit of frequently visiting her Naihar due to which there was some differences between the families but when on Patna High Court Cr.Misc. No.17002 of 2012 (3) dt.04-06-2012 2 2 the last occasion, she went to matrimonial home, the petitioner refused to accept her due to which she became disheartened and returned to her Naihar but there also she was not allowed to remain for long and hence she returned to her matrimonial home where she herself consumed poison out of frustration. Learned counsel for the petitioner further avers that neither the petitioner has any criminal antecedent nor there is any valid material to show that there was any fight between the husband and wife which could lead to such incident. Learned counsel submits that in spite of the aforesaid facts, he has remained in custody for several months. In the aforesaid facts and circumstances, this petition is allowed. Let above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Barh in connection with Bakhtiarpur P.S.Case No.319 of 2011. ahk/- (S.N. Hussain, J.)

Applicable IPC Section: 328

Statute Text:
Section 328 of the Indian Penal Code. Administering stupefying drug with intent to cause hurt, etc. Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.