IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (SJ) No.797 of 2010 DILIP KUMAR MAHTO Versus STATE OF BIHAR ----------- 3/ 21.4.2011 I.A. No. 478 of 2011 Heard. The appellant had not made any prayer for bail earlier. Present I.A. has been filed with that prayer. Submission is that the police after investigation, had reported the case as mistake of fact but a three and half years’ old child, who was the daughter of the informant and, who was allegedly living in the house of the deceased on the relevant date, was directed to be examined under section 164 Cr.P.C. by the magistrate and thereafter the appellant was put on trial, who stated in evidence that the appellant and others assaulted the deceased Shobha and thereafter administered some poison to her. It is true that the doctor did not find any external injury upon her and the report on viscera, which is said to be transmitted to the Forensic Science Laboratory after quite some time, was reporting the finding of aluminum phosphide, commercially marketed as celphos. Contention is that celphos is a chemical of strong bad odor, which could not be forcibly administered to any one. Besides, the case was not initially found true and police has not been examined. 2 Regard being had to the above facts and circumstances of the case and considering that the appellant was all along on bail. let appellant Dilip Kumar Mahto, during the pendency of appeal, be released on bail on furnishing bail bond of Rs.10000/(ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District and Sessions Judge cum FTC I, Samastipur in S.T. No. 152 of 2008. Anil/ ( Dharnidhar Jha, J.)