IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40366 of 2009 MD. ABID @ ABID, Son of Balal, resident of Village-Prem Nagar, P.S. Araria ( R.S.), District-Araria. ---- petitioner Versus STATE OF BIHAR . ----------- 2 18-11-2009 Heard learned counsel for the petitioner and the State. The deceased is stated to have died on 25.2.2008. The F.I.R. states that the informant went and saw that his daughter had been killed. He does not mention any injury on the person of the deceased. The informant then asserts that the deceased had been killed by strangulation. It is submitted that the postmortem report of the deceased states that there were no external injuries on her body. The impugned order of rejection states that there were injuries on her body and the death was due to strangulation. When this Court on 30.6.2009 in Cr.Misc.No.23014 of 2009 directed the viscera report to be called for and prayer for bail to be decided afresh by the court below, the viscera preserved on 26.2.2008 has been sent for examination on 25.8.2009 received in the Forensic Science Laboratory on 31.8.2009. The impugned order of rejection notices nothing - 2 - with regard to the manner in which viscera was preserved which was sent belatedly for examination. It is lastly submitted that the viscera is subject to putrification after six months. In a serious accusation under Section 304 B of the Penal Code, the manner in which the police has dealt with the viscera notwithstanding the provisions of the Bihar Police Manual and the order of this Court reported in 2007(4) PLJR 781the credit for grant of bail to the petitioner goes to the Investigating Officer alone. Let a copy of the order be sent to the Superintendent of Police, Araria for appropriate action. Let the petitioner above named 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 Chief Judicial Magistrate, Araria in connection with Araria(R.S.) P.S. Case No.80 of 2008 ( G.R. Case No.409 of 2008) NKS/- ( Navin Sinha, J)