IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APPEAL (DB) No.1310 of 2010
RAJEEV SINGH @ RAJEEV KUMAR, S/O SRI HANUMAN SINGH, R/O
VILLAGE NAGWAN, P.S. BELSAR, O.P. VAISHALI, DISTRICT
VAISHALI .. APPELLANT
Versus
THE STATE OF BIHAR .. OPPOSITE PARTY
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/3/ 2 February Heard the counsel for the appellant and the
2011
learned counsel for the State in respect of appellant’s
prayer for bail.
2. The appellant is the husband of the
deceased lady in a case under Section 304B/34 of the
Indian Penal Code. It has been submitted that
unnatural death by burn injuries should not have been
accepted by the trial Court because the post mortem
report was not brought on record because of non-
examination of the doctor.
3. It is not a case where dead body having
burn injuries have not been seen by the witnesses.
4. However, learned counsel for the State
has submitted that there is no good reason appearing
from the record why the post mortem examination
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report was not proved. He submits that non-
examination of investigation officer stands explained
by materials on record which show that investigating
officer is dead.
5. Considering all the evidence, on record,
we are not inclined to grant bail to the appellant. The
prayer for bail is rejected at this stage.
6. In the facts and circumstances of the case
and considering the submissions of the parties,
particularly that of counsel for the State, we deem it
expedient in the interest of justice to direct the trial
Court, i.e., the Court of the Additional Sessions Judge,
II, Vaishali at Hajipur, to record evidence of the doctor
or any competent person to bring on record the post
mortem report, which is said to be available in the
records of Sessions Trial Case No. 509 of 2003 arising
out of Vaishali (Belsar) O.P. P.S. Case No. 7 of 2002.
In order to procure the evidence of the doctor or the
competent person for proving the post mortem report in
accordance with law, first bailable warrant shall be
issued giving one month’s time for execution and,
thereafter, non-bailable warrant shall be issued against
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the concerned witness. It shall be duty of the
Superintendent of Police, Vaishali at Hajipur, to ensure
that the warrants are executed to secure the presence of
the witness before the Court below. The additional
evidence recorded, as per aforesaid direction, should be
sent to this Court at an early date, preferably within
three months and for that purpose let the lower Court’s
record be sent down with this order immediately.
(Shiva Kirti Singh, J.)
( Gopal Prasad, J.)
S.A.