IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21054 of 2009 SUGAN CHAUDHARY @ SUGO CHAUDHARY son of late Govind Chaudhary, resident of village-Kolja, P.S.-Govindpur, Dist.-Nawadah. Versus STATE OF BIHAR ----------- 4. 7.10.2009. Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case arising out of Complaint Case No.812 of 2006 for the offence punishable under secrtion 304B/120B of the Indian Penal Code. The petitioner is father-in-law of the deceased Contention advanced on behalf of the petitioner is that there is general and omnibus allegation against the accused persons including the petitioner. No specific allegation has been levelled against the petitioner, who is in custody since 7.2.2009. It is further contended that it was the petitioner who had himself instituted a U.D. case with the police and evidence whereof is available at annexure-2 to this application. It is further contended that general allegation of assault is made against the accused persons but postmortem report, a copy of which is appended as annexure-3, does not show any external injury. In this back ground learned counsel prays that the petitioner be released on bail. Having considered the facts and circumstances of the case, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawadah, in connection with Complaint Case No.812 of 2006 subject to the condition that the - 2 - petitioner would co-operate with the trial and attend the court on each and every date fixed in the matter. Failure on the part of the petitioner to attend the court on two consecutive dates would confer the trial court liberty to institute a proceeding for taking him into custody. Before parting with the case I would like to mention that vide order dated 2.7.2009 a report of the chemical examination of viscera of the deceased had been called for from the court of Chief Judicial Magistrate, Nawadah but the same was never forwarded. An affidavit has been filed on behalf of the petitioner in which it has been stated that viscera of the deceased has not yet been sent to the Forensic Science Laboratory for its chemical examination. The occurrence is of the year 2006 and even after a lapse of three years viscera has not been sent for chemical examination. It is very unfortunate. Chief Judicial Magistrate, Nawadah is hereby directed to ensure that viscera of the deceased is sent for chemical examination to the Forensic Science Laboratory, Patna, without any further delay. Let a copy of this order be communicated to the Chief Judicial Magistrate, Nawadah for onward transmission to the Superintendent of Police, Nawadah, who is also directed to ensure the compliance of the said direction of this court. Md.S. (Jyoti Saran,J.)