IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4339 of 2011 Sunil Kumar Versus The State Of Bihar ------------------ 6 25-08-2011 FSL report has been received and it has been opened in open court. FSL report reveals that Aluminium phosphide was found in viscera of the deceased. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the state. Petitioner is husband of the deceased and he is in jail custody since 23.06.2010 in a case registered under Sections- 328, 304B, 120B of the Indian Penal Code. Admittedly, the marriage of the petitioner had taken place with the deceased in the year, 2004 and the deceased died on 20.06.2010 in other than normal circumstances at her natal place. Allegedly, the petitioner provided poison mixed sweets to the deceased as a result of which, the deceased died while she was being taken to doctor. The contention of learned counsel for the petitioner is that the petitioner spent married life near about six years with the deceased and one female child was born out of the said marriage. Although learned counsel appearing for the state opposed the prayer but considering the facts and circumstances as well as submission of the parties, particularly this aspect of - 2 - the matter that the death of the deceased took place at her natal place and prior to the alleged occurrence, she had spent her married life near about six years with the petitioner and between the aforesaid period, no complaint was made on behalf of the deceased to any other person, let the petitioner, namely, Sunil Kumar be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Rajgir Mofasil (Chhabilapur) P.S. Case No. 36 of 2010 to the satisfaction of Chief Judicial Magistrate, Nalanda at Bihar Sharif. FSL report be returned in sealed cover. AKV/- (Hemant Kumar Srivastava,J.)