Case Facts:
Patna High Court Cr.Misc. No.9371 of 2012 (5) dt.08-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9371 of 2012 ====================================================== Bikash Bind .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05/ 08.05.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner being husband of the deceased is in jail custody since 23.11.2011 in a case registered under [STATUTE] . Admittedly, marriage of the petitioner had taken place eight months ago with the deceased and the time of alleged occurrence the deceased was at her parental home. Although there is allegation against the petitioner that he used to torture the deceased on account of non-fulfillment of his illegal demand and forcibly administered poison to the deceased but in course of investigation, it came to light that at the time of alleged occurrence petitioner assaulted the deceased and the post mortem report does not disclose any external injury on the person of the deceased. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Bikash Bind, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif in Sare P.S. Case no. 89/2011. Shahid (Hemant Kumar Srivastava,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.