IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7563 of 2011 BALMIKI YADAV Versus THE STATE OF BIHAR ----------- 3 20.05.2011 Heard learned counsels for the petitioner and the State. The petitioner being the husband is apprehending his arrest in connection with Deepnagar P.S. Case No. 92 of 2010 registered under Sections 304B and 120B/34 of the Indian Penal Code pending in the court of learned Chief Judicial Magistrate, Nalanda at Biharsharif. The marriage was performed three years prior to the occurrence. The accusation is of administering poison. It is submitted by the learned counsel for the petitioner that the husband was outside the State on the alleged date of occurrence and the other charge sheeted accused persons, who were put on trial, have been acquitted. Since, the prosecution has not been supported the prosecution case, that can be a good 2 ground for consideration of regular bail of the petitioner. Let the learned court below pass an appropriate order with regard to the release of the petitioner on regular bail if the petitioner surrenders within a period of four weeks. With the above observation, this application is, accordingly, disposed off. Let the order be transmitted to the learned court below through fax at the cost of the petitioner. Amrendra/- (Dinesh Kumar Singh, J.)