IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39718 of 2008 MITHILESH CHOUDHARY, son of Sri Ramnivash Choudhary, resident of Village Dariyapur Kaphen, P.S. Kurhani, District Muzaffarpur. -------Petitioner Versus STATE OF BIHAR ----------- 3. 26.2.2009 A supplementary affidavit has been filed on behalf of the petitioner. Heard the learned counsel for the petitioner and the State. The offence alleged against the petitioner, who is apprehending his arrest in connection with Kurhani P.S.Case No.399/07, is under sections 304B and 201/34 of the Penal Code. It is submitted that the petitioner is the husband of the deceased. However, neither in the post-mortem report nor in the viscera, which is annexed as Annexure 10 to the supplementary affidavit filed on 18th of November, 2008, any poisonous substance was detected. As such, the allegation that the deceased was done to death by poisoning gets falsified. The learned APP on perusal of the case diary is not in a position to refute the medical reports. Considering the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender in connection with Kurhani P.S. Case No.399/07 within a period of four weeks from today, be enlarged on bail on furnishing bail bond of 2 Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)