IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.12875 of 2011 MD. GHULAM AHMAD Versus THE STATE OF BIHAR ----------- 02. 25.04.2011 Heard learned counsel for the petitioner and the State as well as the informant. Petitioner, being the husband, is apprehending his arrest in a case registered under section 304 B of the Indian Penal Code. The accusation is of demand of LCD TV and killing the deceased by administering poison. The marriage was performed on 13.03.2010. It is submitted by learned Counsel for the petitioner that the victim died due to the death of the child in the womb, since the victim was pregnant. The reports of two lady doctors have been brought on record, which confirm the contentions of the petitioner. The post-mortem report reflects no external injury. It is submitted by the learned counsel for the informant that IO has not recorded the exact version of the informant in the F.I.R., hence a protest petition has been filed as the victim has died within one year of the marriage. Considering the aforesaid facts that there is no external injury to the victim and the two doctors, 2 who examined the victim during pregnancy and taken out the dead child from the womb, have been examined by the IO, which gets reflected from the impugned order, let the petitioner, above-named, be released on bail till the receipt of the viscera report, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Baniapur P. S. Case No. 10 of 2011 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Saran at Chapra subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. If the viscera report will reflect the death caused by poison, then the petitioner will surrender and pray for regular bail, but if the viscera report will not reflect poisoning then the learned court below will pass appropriate order of regular bail to the petitioner in view of the principles laid down in a case of Bisundeo Sahu Vrs. State of Bihar, report in 2011 (1) PLJR, 731. SKM (Dinesh Kumar Singh, J.)