IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14251 of 2009 BIJAY CHOUDHARY Versus STATE OF BIHAR ----------- 7 09.11.2009 Pursuant to order of this Court dated 16.09.2009 viscera report has been received in sealed cover from the Forensic Science Laboratory. Let it be open after breaking the seal. Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner has been made accused in connection with Wazirganj P.S. Case No. 100 of 2007 for the offences punishable under Sections 304(B)/201/34 of the Indian Penal Code. The petitioner is the husband and the substance of allegation against the petitioner and others as set out in the F.I.R. is of causing death of the wife of the petitioner by assaulting her and of burning her dead body with the view to eliminate the evidence. Learned counsel appearing on behalf of the petitioner denies the allegation as set out in the F.I.R. and submits that the case was not such rather the petitioner on seeing his wife 2 vomiting after he came back home in the afternoon of 14.7.2007 took her to the Magadh Medical College and Hospital, Gaya when he was informed by his deceased wife that she had consumed poison by herself. Learned counsel for the petitioner further submits that he made all efforts to save her as such he had immediately rushed with her to the Magadh Medical College and Hospital, Gaya but she expired during the course of treatment. Learned counsel further submits that the said act of the petitioner shows his bona fide and there was no endeavor to hide the fact. He also refers to Anexure-2 of the petition which is a fard beyan given by the petitioner recorded by Sub-inspector present at the Magadh Medical College and Hospital, Gaya and in which he has clearly stated the entire matters. Learned counsel further submits that simply because he happens to be the husband of the deceased he is in incarceration since 6.1.2009. The report received from the Forensic Science Laboratory shows the death by poison. Learned counsel submits that the fact of poisoning had already been accepted by him before the police at the very first instance. 3 Having regard to the facts and circumstances of the case, let the petitioner, Bijay choudhary, be enlarged on bail on furnishing bail bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Wazirganj P.S. Case No. 100/2007 subject to the condition that the petitioner would be co-operating in the trial and would be attending the court below on each and every date fixed and failure on his part to attend the court on two consecutive dates fixed without reasonable explanation to the satisfaction of the Court below would grant liberty to the court below to initiate proceeding for cancellation of his bail bond and for taking him into custody. Let the report received from the Director, Forensic Science Laboratory, Bihar, Patna in connection with Wazirganj P.S. Case No. 100/2007 be returned in sealed cover by the Registrar General of the Patna High Court. Bibhash (Jyoti Saran, J.)