IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.11038 of 2010 ARVIND MAHTO son of Chintamani Mahto Versus STATE OF BIHAR ----------- 3/ 30.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 304-B of the Indian Penal Code. The prosecution case is that the daughter of the informant was married to the petitioner and on the date of occurrence the son of the informant informed his mother that the petitioner had poisoned the deceased to death and when she enquired it was found that the deceased had been removed to the hospital of Dr. Ashok Kumar, where treatment was being done and she was even taken to Samastipur Sadar Hospital where she died. During investigation, some witnesses stated that the deceased was the second wife of the petitioner who did not look after the children of the first marriage well due to which there was marital discord and in the fit of anger the deceased had consumed poison. However, when the post mortem was done death was opined to be on account of throttling which did not support the initial investigation. Subsequently, some witnesses stated that in fact the deceased despite the operation of the petitioner had conceived on account of which the petitioner suspecting her fidelity had throttled her but when her condition deteriorated he took her to the hospital where she later died. The doctor who initially examined the deceased also supported that in fact the petitioner had brought the deceased to his clinic for treatment but since her condition was deteriorating she had been referred to - 2 - Sadar Hospital where she ultimately died. After investigation, chargesheet has been submitted under section 302 of the Indian Penal Code Considering the entire circumstances of the case, let the petitioner, above named, who is in custody since 10.7.2009, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Dalsingsarai, Samastipur, in connection with Dalsingsarai P.S. Case No. 161 of 2009, subject to the conditions (i)That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner,(ii)That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. JA/- (Anjana Prakash, J.)