IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39397 of 2008 ARUN KUMAR RAI @ MANTU RAI @ MANTU Versus STATE OF BIHAR ----------- 3. 17.12.2008 Heard Sri Umakant Prasad, Advocate for the petitioner and the learned A.P.P. for the State. The statement of the deceased is in the form of the statement of his wife that he had some pain in stomach and he went to this petitioner, a quake in the village who gave something in the name of medicine with a banana and the deceased accordingly swallowed that. He complained of stomach pain and also had some motions and was rushed to a hospital and he died on way to it. The contention is that the petitioner has given the medicine at 9 P.M. and the man died at 3.30 in the morning. It is further contended that there was no motive of the petitioner to have administered poison which was ultimately traced in the viscera of the deceased. It is further contended that it may not be an offence under Section 304 IPC also. Be that as it may, regard being had to the facts of the case and the circumstances - 2 - attending thereon and considering further that the petitioner has remained in custody for about six months, let the above named petitioner be released from custody on furnishing bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Fast Track Court NO.II, Banka in Sessions trial No.820 of 2008(Amarpur P.S.Case No.186 of 2005). B.Kr. ( Dharnidhar Jha, J. )