IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12757 of 2009 Bechan Das, son of Tetar Das, resident of village- Kathaun, P.S. Rajoun, District- Banka ….. Petitioner Versus The State Of Bihar ….. Opp.Party ----------- 3. 27/07/2009 Heard learned counsel for the petitioner and learned counsel for the State. Case is under sections 302, 328/34 of the Indian Penal Code. Petitioner is the husband. As per F.I.R., informant was informed that his sister was having loose motion and vomiting on which he proceeded to meet his sister. When he reached the residence of the petitioner, he found his sister dead. He was told that when petitioner and others were taking the lady to the hospital for treatment, she died on the way. Suspicion has been raised of the lady having been administered poison at the instance of the petitioner and others. In the F.I.R. it is stated that the lady had two children, one of three years of age and the other of 12 months of age. Learned counsel for the State submits that it has consistently come in the investigation that the lady was taken for - 2 - treatment, which may be an attempt by the petitioner to show his bonafide. Learned counsel for the petitioner submits that no motive has been assigned for the alleged poisoning of the lady and the circumstances that the lady was suffering from diarrhoea and vomiting and she was taken to hospital for treatment by the petitioner and others show that she did not die by administering poison. Petitioner is said to be in custody since 19.1.2009. Considering the above facts and circumstances, this application is allowed. Let petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in Rajoun P.S.Case No.171 of 2008. Pradeep/ (J. N. Singh, J.)