IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24419 of 2009 UPENDRA MAHTON Son of Late Siya Mahton Resident of Village-Tirasi (Jaitpur) Police Station Barhaiya, District-Lakhisarai. Versus STATE OF BIHAR ----------- 3 17/9/2009 Heard counsel for the petitioner and counsel for the State. Death of four persons by poisoning and all four of them being directly related to the petitioner being wife, daughters and grand daughter, corresponding the allegation in the First Information Report as also substantiated by statement of the witnesses examined in course of investigation, could have definitely been much more clear had the petitioner followed requirement of law by allowing the dead bodies to be subjected to postmortem. It is the petitioner who claims that he had taken his wife for treatment but suppressed this fact from the doctor that she had either consumed poison or death of wife was on account of poisoning. Consequently the petitioner was able to also remove last piece of evidence as with regard to poisoning. In such a situation, when version of the Informant (step mother of the victim) is that no information was given with regard to death of four family members to the family of the Informant, finger of suspicion based upon circumstantial evidence, as referred to above, would automatically go towards the petitioner who is husband. That being so, this Court is not inclined to grant bail to 2 the petitioner. Accordingly, prayer for bail of the petitioner is rejected. Abhay Kumar (Mihir Kumar Jha, J.)