Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23340 of 2012 ====================================================== Madan Singh @ Doctor .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 05-07-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that one Upendra Singh being the neighbour of the victim developed some intimacy which was not liked by the wife and cousin mother- in-law (Phua) of Upendra Singh, namely, Vijeta Devi and Jai Lal Devi who offered some tea subsequently the victim started vomiting and on way to hospital she died. It is submitted by learned counsel for the petitioner that the petitioner is not in any way related with Upendra Singh and F.I.R. reflects that the petitioner only accompanied the victim to hospital while carrying the victim. The post mortem report reflects no injury when viscera has been preserved. Patna High Court Cr.Misc. No.23340 of 2012 (2) dt.05-07-2012 2 / 2 2 It is submitted by learned counsel for the petitioner that charge-sheet has been submitted under [STATUTE] . Considering the suspicious nature of accusation and no injury has been found particularly any resisting injury and accusation under [STATUTE] has not been found true during investigation by the police, let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Ujiarpur P.S. Case No. 67 of 2011 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Samastipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Dinesh Kumar Singh, 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.