IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39854 of 2009 SHYAM KUMAR RAI, s/o Rameshwar Rai, resident of village- Mahua Singh Rai, P. S. Mahua, District Vaishali. …… Petitioner. Versus STATE OF BIHAR ----------- 2. 24.11.2009. Heard Mr. S. D. Yadav, learned counsel for the petitioner and counsel for the State. The petitioner, husband is facing prosecution for offence under Section 306/34 of the Indian Penal Code. Mr. Yadav would submit that the marriage being 12 years old and the materials collected during the course of investigation suggesting the deceased to have committed suicide by consuming poison, the petitioner’s liability for the offence alleged in the background of the fact that they had a successful conjugal life for 12 years with five children, at least do not get support from the materials collected in course of investigation suggesting indiscriminate assault of the petitioner, husband as against the deceased, wife. Further theory enunciated by Mr. Yadav that the deceased had died on 2 account of snake bite will further complicate the matter inasmuch as viscera report is yet to be received so as to find out the type of poison which could have led to the death of the deceased. Thus, this court is not inclined to grant bail to the petitioner for the present and while rejecting the prayer for bail of the petitioner, this court would direct the court below to reconsider the case of the petitioner on merit without being prejudiced by dismissal of this bail application on receipt of viscera report. The apprehension of Mr. Yadav that viscera report will not be received in the life time of the petitioner seems to be wholly misconceived and in any event the Director, Forensic Science Laboratory is hereby directed to ensure that the viscera report in connection with Mahua P. S. Case No. 116 of 2009 would be sent to the court below within a period of eight weeks from the date of receipt of this order by him. With the aforementioned observations and directions, this application is dismissed. 3 Let a copy of this order be sent to the Director Forensic Science Laboratory for immediate compliance. kanchan (Mihir Kumar Jha, J.)