IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11583 of 2010 ASHISH CHOUDHARY son of late Mahendra Narayan Choudhary r/o village Parora, P.S. K. Nagar, Dist. Purnea …..Petitioner. Versus STATE OF BIHAR …. O.P. ----------- For the petitioner : Mr. Ajay Kumar Thakur, Advocate For the Informant: Mr. Praveeen Kumar Agrawal, Advocate. For the State: Mr. Bipin Kumar, A.P.P. 2 30.4.2010 Heard the parties. In a criminal prosecution under sections 304(B), 120 (B), 201/34 of the Indian penal Code the petitioner is said to be the husband of the deceased. According to the FIR itself, information was given to the informant about the illness of the deceased and about the fact that she was being treated in a private clinic of a doctor. The informant and his family members are said to have arrived there and on their advice, the deceased was taken to the clinic of some other doctor where during the course of treatment she is said to have died and at the time of death admittedly the informant and his other family members were present. The present case has been lodged after eight days of the death of the deceased with an allegation that when the deceased gained - 2 - consciousness she disclosed that some stupefying materials were mixed in the Kheer. The doctor has given certificate showing that death was caused due to cardiac respiratory failure, which is part of the FIR. Taking into consideration the aforesaid circumstances, let the above named petitioner in the event of his arrest or surrender in the court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Purnea in connection with K. Nagar P.S. Case No. 47 of 2009, subject to the conditions laid down under section 438(2) Cr.P.C. ( Birendra Prasad Verma, J. ) M.Rahman