Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39913 of 2011 ====================================================== Bihari Tanti, S/o Basudeo Tanti, resident of Village- Khajuriya, P.S. Sanokhar, District- Bhagalpur. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s : Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 4 16-02-2012 Heard the parties. The petitioner is in custody in connection with Sanokhar P.S. Case No.23 of 2011 for the offences punishable under [STATUTE] . The petitioner happens to be the husband of the deceased. The death is within three years of marriage. The couple did not have any issue. It is alleged that as the deceased was not looking good so she was tortured by her in-laws family and the husband and ultimately it is alleged that she was poisoned to death. Learned counsel for the petitioner submits that the circumstances do not suggest administering of poison by the petitioner nor any injury has been found on the deceased as alleged. It is submitted that the postmortem report shows that there were no external injury on the person of the deceased and the fact that the petitioner was arrested from the residence on the very day is suggestive of his non-complicity in the matter. Learned counsel while relying upon paragraphs 19 to 23 of the case diary stated to be statements of independent witnesses submits that it Patna High Court Cr.Misc. No.39913 of 2011 (4) dt.16-02-2012 2 has been stated that the deceased had consumed poison on her own. Regard being had to the submission of learned counsel, let the petitioner, namely, Bihari Tanti be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Sanokhar P.S. Case No.23 of 2011 subject to the condition that the petitioner shall ensure his representation before the court below on each and every date fixed in the case and failure on the part of the petitioner to ensure his representation on two consecutive dates fixed in the case without any reasonable explanation to the satisfaction of the court below, would entitle the court concerned to cancel the bail bonds of the petitioner and to take him into custody. Pursuant to the order dated 10.01.2012 the FSL report in the matter has been received from the Director, Forensic Science Laboratory, Bihar, Patna in a sealed cover. Let the viscera report in connection with Sanokhar P.S. Case No.23 of 2011 received from the Director, Forensic Science Laboratory, Bihar, Patna be returned to him in the sealed cover. Office to ensure the compliance. SKPathak/- (Jyoti Saran, 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.