IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17866 of 2009 MATUKI YADAV, son of Late-Basudeo Yadav, resident of village- Lakshmipur, Police Station-Khaira, District-Jamui. ……..Petitioner. Versus The State Of Bihar ……..Opposite Party. ----------- 02. 26.05.2009 Petitioner is the husband of the deceased who apprehends arrest in connection with Khaira P.S. Case No. 53 of 2006 instituted under Section 302/34 of the Indian Penal Code for death of his wife. The postmortem report shows that there was no anti-mortem injury. The Viscera report awaited. Viscera report has now been received which is dated 17.10.2007. It states that no poison could be detected. Police even before the Viscera report came, found the case to be under Section 306 of the Indian Penal Code as against the petitioner. Parties were married more than eight years back and had two children and both of whom already died earlier. In view of the facts that neither police nor the Court below have applied their mind to the implication of the Viscera report, I deem it proper that the petitioner be directed to surrender before the learned Chief Judicial Magistrate, Jamui within a period of four weeks from today and pray for the 2 regular bail, who would consider the aforesaid facts and other materials and pass orders appropriately in accordance with law. With this observation, the application stands disposed of. Shageer (Navaniti Prasad Singh, J)