IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37403 of 2009 KAPILDEO RAI, SON OF SHITAL RAI, RESIDENT OF VILLAGE RAGHUNATHPUR TOLA, SITARAMPUR, MADHUBANI, P.S. MANIYARI, DISTRICT-MUZAFFARPUR. …………………………………………………………PETITIONER. Versus THE STATE OF BIHAR………………………OPPOSITE PARTY. ----------- For the Petitioner : Mr. Nirmal Kumar Sinha, Advocate. For the State : Mr. R.P.S. Singh, A.P.P. ---------- 4. 21.12.2009. Learned counsel for the petitioner files supplementary affidavit. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 302/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that though charge sheet has been submitted against the petitioner under Section 306 of the Indian Penal Code, but the court concerned has taken cognizance under Sections 302/34 of the Indian penal Code. During the course of investigation, the materials collected suggest that the deceased herself consumed poison, due to which she had died. 2 Learned A.P.P. for the State submitted that earlier a complaint case was also filed under Section 498-A of the Indian Penal Code by the deceased, in which compromise was reached and thereafter the deceased started living with the petitioner (husband of the deceased), however, the petitioner continued with his behaviour and allegation is that he administered poison to the deceased causing her death, after compromise in the aforesaid case on 12.2.2009. Having regard to the gravity of the allegation that after compromise on 12.2.2009 in the earlier complaint case, when the deceased started living with him, the petitioner alongwith others, administered poison to her causing her death, I am not inclined to grant bail to the petitioner. As a result, this application is dismissed at this stage. P.S. (Dr. Ravi Ranjan, J)