High Court Patna High Court - Orders

Bharat Kumar vs The State Of Bihar on 30 June, 2011

Patna High Court – Orders
Bharat Kumar vs The State Of Bihar on 30 June, 2011
                  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.)