IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30279 of 2009 DEVANAND PASWAN Versus THE STATE OF BIHAR ----------- 9 26.7.2010 Seen the viscera report. Heard counsel for the petitioner and the State. The petitioner is an accused in a case under section 302 of the Penal Code. It is alleged by the informant that the marriage of her daughter Raj Kumari Devi was solemnized 10 years ago and after her marriage, her son-in-law went to Delhi for his livelihood but did not return from there. Thereafter her daughter came back to her paternal house and started to take part in Satsang where the petitioner fell in love with her and married her daughter and out of her wedlock she was blessed with a son aged about one year. It is further alleged that five days prior to the occurrence, her daughter came to her house from Sasural and said nothing about her returning from the house of the petitioner. It is alleged that on 30.7.2007 her son-in-law, the petitioner, came to her house and taking the meal he went to sleep in a room with his wife. In the morning at 4 A.M. on hearing the sound of weeping of her daughter’s son, she woke up and went to the room of her daughter and found her daughter to be dead and her son-in-law, the petitioner, was not there. Learned counsel for the petitioner submits that the 2 KHAN inquest report does not show any sign of external injujry. This court called for Viscera report from the Forensic Science Laboratroy, Patna from perusal of which it would appear that Aluminium Phosphide, commercially known as ‘CELPHOS’ was detected from the tissues of viscera, which is severe gastro-intestinal irritant and is used as a grain preservative and is highly poisonous. Having considered the facts and circumstances of the case, I am not inclined to grant bail to the petitioner for the present. His prayer for bail is rejected. However, if there is no substantial progress of the trial, he would renew his prayer for bail after one year. The trial court is directed to expedite the trial of the petitioner so as to conclude the same at the earliest. Let the viscera report be kept under sealed cover to be sent to the court of the Sub Divisional Judicial Magistrate, Birpur at Supaul or the Court in seisin of the case, with intimation to the Director, Forensic Science Laboratory, Patna. (S.P.Singh,J)