IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40411 of 2009 SHAMBHU YADAV, Son of Late Basudeo Yadav, R/o village Daharia, P.S. Chhatapur, District Supaul …………. Petitioner Versus STATE OF BIHAR …… Opposite Party ----------- For the Petitioner : Mr. Murari Narian Choudhary, Advocate For the State : Mr. R. Singh Shastri, A.P.P. ------- 5 26.03.2010 A supplementary affidavit has been filed on behalf of the State of Bihar stating therein that report of Chemical Analysis of Viscera has already been submitted in the office of this Court on 19.3.2010. The report has been produced before this Court, which was under seal cover. The seal was opened in the Court. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered under Sections 304(B)/120 of the Indian Penal Code. As per first information report the petitioner along with others had killed the sister of the informant by administering poison. It had been submitted on behalf the petitioner that the death was natural as deceased 2 was suffering from illness. However, now the report of Chemical Analysis of Viscera has come which indicates that a poisonous material, which is chemically known as “Aluminium Phosphide” and commercially known as „Celphos‟ has been found. It has been urged on behalf of the State that the allegation that the deceased was poisoned to death by her-in-laws including this petitioner stands corroborated by Chemical Analysis report of Viscera. Since there is allegation against the petitioner in the first information report for demand of dowry and killing the deceased by administering poisons along with other co-accused persons, I am not inclined to grant bail to this petitioner. As a result this application is dismissed. Let the report with regard of Chemical Analysis of Viscera be sealed and sent back to the Forensic Science Laboratory, which in its turn shall immediately send the same to the concerned court. Spd/- (Dr. Ravi Ranjan, J.)