IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 27204 of 2009 1 Naushad, son of Samid 2 Bibi Punia Khatoon @ Bibi Chunia Khatoon, wife of Gaffar 3 Sk Yasin, son of late Rafique, residents of village – Pratap Ganj, Police Station – Pratap Ganj, District – Supaul - Petitioners Versus State of Bihar - Opposite Party ----------- 2 24.08.2009 Petitioner No 1 is the brother-in-law of the deceased, petitioner No 2 is the aunt-in-law of the deceased and petitioner No 3 is maternal grandfather-in-law of the deceased. The deceased is the husband. Petitioners apprehend arrest in Pratapganj Police Station Case No 2 of 2009 instituted under Sections 328, 302 of Indian Penal Code. The father of the deceased lodged the first information report, inter alia, alleging that his son was married to Shamima Khatoon and his son used to stay with her after marriage. He was mistreated there. On the fateful day, he had come to his home and was persuaded to return to his sasural. After having meal there, he came back and fell down and disclosed that he had been poisoned by his brother-in-law, mother-in- law and father-in-law. He was taken for treatment but in course of treatment, he died. In post mortem, the viscera are preserved. On behalf of petitioner, it is submitted that the whole story is concocted. The deceased had consumed poison by himself. Be that as it may, as there is specific allegation implicating the brother-in-law, the application of petitioner No 1 is rejected. So far as petitioners No 2 and 3 are concerned, they are 2 not immediate relations and, as such, in event of their arrest/surrender within 4 weeks from today, they shall be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Subdivisional Judicial Magistrate, Birpur, Supaul in Pratapganj Police Station Case No 2 of 2009 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. M.E.H./ (Navaniti Prasad Singh)