IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1426 of 2011 INDAL BHAGAT Versus THE STATE OF BIHAR ----------- 4 13.04.2011 The matter has been placed under the heading of Office Notes, since, the viscera report has not come since the viscera report is not available to the trial court also, hence, the application is being heard on merits. The matter was being heard earlier on merits on 17.05.2010 when the bail application of the petitioner was rejected with liberty to renew the prayer for bail if the trial is not concluded within a period of six months. Heard learned counsels for the petitioner and the State. The petitioner being the husband is in custody since more than two years in a case registered under Section 304B/34 of the Indian Penal Code. The F.I.R reflects that the marriage was performed in the year 2002, when the victim died in the year 2008. There is accusation of demand of dowry and torture against the petitioner. It is alleged by the informant that the victim 2 died due to poisoning. The postmortem report reflects no external injury. The viscera were preserved. It appears, from the report of the trial court, that seven witnesses were examined in the case. The further report reflects that the trial court has still not received viscera report and for transmitting the viscera report, the trial court has intimated to the concerned authorities. The bail of the petitioner was earlier rejected on 17.05.2010 with clear stipulation to renew the prayer, if the trial is not concluded within a period of six months. Subsequently, vide order date 23.03.2011, the postmortem report as well as the viscera report were called far. The postmortem report has been transmitted to this court but trial court indicated its helplessness in transmitting the viscera report since it was not available to the trial court itself. Since the accusation is of poisoning, without viscera report, I do not think that the proper justice can be done even by the trial court. Considering the aforesaid facts, let the above named petitioner, be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the 3 learned Addl. District & Sessions Judge-IV, Vaishali at Jajipur in connection with Vaishali (Belsar O.P.) P.S. Case No. 107/2008 Session Trial No. 312 of 2009 and 136 of 2010. The learned trial court will be at liberty to cancel the bail of the petitioner, if the petitioner defaults for two consecutive occasions. Amrendra/- (Dinesh Kumar Singh, J.)