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Judgment
Gautam Kumar Choudhary, j
Heard both the sides.
This bail application has been filed on behalf of Vikash Kumar who is in custody since 12.03.2025 in connection with S.T. No. 189 of 2025 arising out of Patan P.S. Case No. 46 of 2024 for the offence registered under Sections 364, 366, 328 and 307 of the IPC pending in the Court of learned Addl. Sessions Judge-V, Palamau, is pressed into motion.
As per the FIR which has been lodged by the mother of the deceased, on 28.04.2024 the victim lady aged about 22 years was enticed by this petitioner from her home and taken away. It is alleged that after her abduction she was administered poison in Samosa and by which she became ill and died during course of her treatment in Medninagar.
It is submitted by the learned counsel on behalf of petitioner that the allegation of administering poison has not been substantiated in the post-mortem examination report. As per the post-mortem report, no metallic alkaloidal, pesticidal, volatile, or non-volatile poison could be detected in the contents of the polythene jar in the viscera. With regard to the cause of death autopsy surgeon has opined that exact cause was not known.
Learned A.P.P. for the State opposed the prayer for bail.
I find substance in the argument that the very foundation of the prosecution case is that it was caused by administering poison is rendered doubtful.
Under the circumstances, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs.25,000/-(Twenty-Five Thousand) with two sureties of the like amount each to the satisfaction of the Court below.