IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23947 of 2010 RAJESH KUMAR SINGH son of Sashi Kumar Singh, resident of village-Karom, P.S.-Darauli Dist.-Siwan. Versus STATE OF BIHAR ----------- 4. 2.2.2011. Heard learned counsel for the petitioner as well as Miss Shaheen Begum, learned Additional Public Prosecutor appearing for the State. The petitioner, who is in custody in connection with Darauli P.S. Case No.8 of 2010 for the offence under section 304B/34 of the Indian Penal Code, has prayed for grant of bail. Accusation against the petitioner is that he forcibly administered poison to his wife whereby she died. It was submitted by the learned counsel for the petitioner that his wife had herself consumed poison and immediately after noticing the condition, the petitioner had carried her for medical treatment but in the meanwhile she died. It was also submitted that the petitioner was working in Meghalaya in a cement factory as Accounts Officer. The petitioner is in custody since 10.1.2010. Learned Additional Public Prosecutor appearing for the State strongly opposed the prayer of the petitioner. It was submitted that the petitioner is husband of the deceased and, as such, the petitioner may not be extended privilege of bail. In this case a report was called for regarding stage of trial which has been received and is kept at flag ‘A’, which shows that the case is fixed for framing of charge in the court of 2nd 2 Additional Sessions Judge, Siwan. However, the court is still vacant. In view of the facts and circumstances particularly the fact that the court is vacant and the case is fixed for framing of charge, there is no reason to further detain the petitioner in jail custody. Let the petitioner, above named, 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, Siwan in connection with Darauli P.S. Case No.8 of 2010. Md.S. ( Rakesh Kumar, J.)