Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25689 of 2012 ====================================================== Chandra Shekhar @ Chandra Shekhar Choudhary S/O Sri Ram Choudhary Resident Of Village Mitra Lok Colony, Pandey Patti, P.S. Buxar (M), District Buxar. .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 4 03-09-2012 Supplementary affidavit has been filed. Heard learned counsel for the petitioner and learned additional Public Prosecutor for the State. Petitioner is one of the named accused in this case (Buxar (M) P.S. Case no. 180 of 2011 pending before Chief Judicial Magistrate, Buxar) being husband of deceased sister of the informant who died under unnatural circumstances within two years of her marriage. In between some matrimonial dispute also occurred giving rise to filing of Complaint Case no. 1447 ( C ) of 2010 under [STATUTE] and 3/4 of the Dowry Prohibition Act by the deceased and Matrimonial Case no. 120 of 2010 under Section 9 of the Hindu Marriage Act before Principal Judge, Family Court, Buxar, at the instance of the petitioner. Submission is of false implication and in the Matrimonial Case during process of reconciliation in the light of verbal observations made by Family Court on 15.07.2011 the petitioner brought his wife on 16.07.2011 from her Maika and, thereafter, on 19th July, 2011 he left his village to joint his duty at Pithaurgarh but, unfortunately, the deceased, around a week thereafter on 27.07.2011, died. The case is of suspected 2 poisoning. Petitioner was not at all present at his home rather he was on duty but there is no explanation for absence of any such compromise petition or specific order of the Family Court and even if there is any earlier observation (though not written in the order sheet) it was also ordered that both the sides shall be physically present on 19.07.2011 just four days after the Court was intimidated about period of leave etc. giving the room to submit that in the well planned manner deceased was done to death. It is submitted on behalf of the petitioner that even in post mortem report doctor could not assign reason behind death though viscera was kept for report of chemical examination. Having regard to the facts and circumstances, for the present, prayer is refused. Simultaneously, court below is directed to proceed expeditiously avoiding undue delay and adjournments. Court below may take steps to procure Forensic Science Laboratory report as regard to viscera. A.Ahmad/- (Akhilesh Chandra, J)

Applicable IPC Section: 323

Statute Text:
Section 323 of the Indian Penal Code. Voluntarily causing hurt. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.