Md.Muntasir vs The State Of Bihar on 1 October, 2010

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Cr.Misc. No.36895 of 2010
                      MD. MUNTASIR, SON OF MD. SALIM, RESIDENT OF
                     VILLAGE- ISWARWA, P.S. JOKIHAT (MAHALGAON), DISTT-
                     ARARIA. .
                                              Versus
                                   THE STATE OF BIHAR .
                                            -----------

02. 01.10.2010 Heard learned counsel for the petitioner and the State.

Earlier attempt of the petitioner for grant of bail in the event

of arrest was permitted to be withdrawn under orders dated 24.4.2009,

Annexure-1. The present application has been filed on the ground that

during investigation police did not find the case to be true for the

offence under Sections-376, 302 of the Penal Code and charge sheet

has been submitted only under Sections- 306, 201, 228 and 34 of the

Penal Code. It is also submitted that during investigation there is no

allegation against the petitioner that he administered poison to the

deceased.

Let petitioner surrender in the court below within four

weeks from the date of receipt of this order and apply for regular bail

which should be considered in the light of the material collected in the

case diary. For such purpose the case diary should be called one week

in advance of the date of surrender of the petitioner in the court below.

Let this order be communicated to the court of Chief

Judicial Magistrate, Araria in connection with Jokihat (Mahalgaon)

P.S. Case No. 110 of 2008 through fax by the office of this Court.

(V.N. Sinha, J.)
Ibrar/
-2-