IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47305 of 2008 1. BIMLESH YADAV 2. MUKESH YADAV Versus STATE OF BIHAR ----------- 2. 28.11.2008 Heard learned counsel for the petitioner and learned counsel for the State. The petitioners apprehend arrest in a complaint case under Sections 364, 302 of the Penal Code. The submission is that the complaint case has been filed much belatedly after two months. The uncle of the deceased himself stated that the deceased died of cold. The co-accused has been enlarged on anticipatory bail in Cr. Misc. No. 35860 of 2008. In the aforesaid case the Court inter alia noticed that the post-mortem report did not suggest the administration of any poisonous substance. The Police lodged a U.D. case when the viscera report is one of poisonous substance, which the petitioner has himself brought on record at Annexure-4. This aspect of the matter was not placed appropriately when the anticipatory bail was granted in Cr. Misc. No. 35860 of 2008. The deceased is stated to have left home with the petitioner when his dead body was found. The present complaint then came to be filed after the viscera report having been made available in the U.D. case. The delay stands explained. The application is rejected. AKS/ (Navin Sinha, J.)