IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16136 of 2009 1. RAMADHAR SINGH 2. Pinku Kumar 3. Urmila Devi 4. Bachha Tiwari Versus STATE OF BIHAR . ----------- 4. 12.11.2009 The application is dismissed as infructuous with regard to petitioner no. 2 as he is stated to have been taken into custody. Petitioner nos. 1 and 3 are the father-in-law and petitioner no. 4 is the husband of the married sister of the husband of the deceased, the son-in-law of the house. The allegations are in a four year old marriage for demand of dowry and death under Sections 304B, 498A and other provisions of the Penal Code. The defence is of a natural death by poisoning, and that the post mortem report shows no external injuries when the viscera has been preserved. The husband has not been chargesheeted after investigation when the police has suspected the son-in-law primarily. Since this Court is hearing an anticipatory bail application it refrains from making any observation with regard to the manner of investigation. This Court is not persuaded to grant anticipatory bail to the petitioner nos. 1 and 3. If they prefer an application before the Court below within 10 days from today, the Court below shall call for the viscera report of the deceased. It shall be the duty of the Superintendent of Police, Muzaffarpur and the officer concerned of 2 the Regional Forensic Science Laboratory, Muzaffarpur to make available the reports within the time fixed by the Court. Failure on their part to do so hindering the course of justice shall be brought to the attention of this Court by the Court below. The prayer for anticipatory bail shall then be heard afresh in accordance with law. In so far as petitioner no. 4 is concerned, considerring his status as a son-in-law with generalized allegations as a member of the family by marriage only, let petitioner no. 4, namely, Bachha Tiwari @ Chandra Bhushan Tiwary, surrender in the Court below within a period of four weeks from today when he shall be enlarged on anticipatory bail on furnishing bail bonds of Rs. 20,000/-(twenty thousand) with two sureties of the like amount each to the satisfaction of the Sub- Divisional Judicial Magistrate, West Muzaffarpur in connection with Kanti P.S. Case No. 263/08, subject to the conditions laid down under Section 438(2) of the Cr. P.C. If is for the Superintendent of Police, Muzaffarpur to examine the nature of the investigation when witnesses have stated that the deceased was taken to a hospital but the investigating officer considers the hospital an irrelevant place and records a story based on statement of witnesses that deceased was allegedly taken to a hospital. P. Kumar (Navin Sinha, J.)