IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.11071 of 2011
Bharat Kumar
Versus
The State Of Bihar
-----------
04 30.06.2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State.
Petitioner is husband of the deceased and it is
stated that he committed the murder of deceased for lust of
dowry but submission on behalf of the petitioner is that deceased
was caught in fire accidentally while she was cooking meal and
immediately she was taken to the clinic of Dr. Chittranjan at
Sasaram who referred the deceased to Banaras for better
treatment and, thereafter, deceased was taken to Banaras where
she was got admitted in Jagrity Hospital but she succumbed to
her burn injuries on the next day and, thereafter, her dead body
was cremated at Banaras in presence of informant as well as his
other family members. It is contended by learned counsel for the
petitioner that witnesses have stated the aforesaid fact before the
Investigating Officer but the Investigating Officer did not take
pain to verify the aforesaid fact rather in very haste manner
submitted charge sheet against the petitioner and some other
persons.
Para-47 of the case diary reveals that investigation
has been kept pending in respect of other co-accused persons.
In view of the aforesaid circumstance, I think it
proper to call for the complete case diary of Sasaram (Darigaon)
P.S. Case No. 813 of 2010 from the court of Chief Judicial
2
Magistrate, Rohtas at Sasaram.
Accordingly, the complete case diary of Sasaram
(Darigaon) P.S. Case No. 813 of 2010 be called for from the
court of Chief Judicial Magistrate, Rohtas at Sasaram. In the
meantime, petitioner may file the documents relating to
treatment of the deceased before this Court.
List this matter after receipt of the complete case
diary.
Shahzad ( Hemant Kumar Srivastava, J.)