IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23220 of 2010 RAJ KUMAR KESHARI @ RAJU, S/o Nandlal Keshari. Versus THE STATE OF BIHAR ----------- 03. 31.08.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 498A and 302/34 of the Indian Penal Code. It has been submitted that even though in the First Information Report the allegation is that the deceased died on account of being killed by her in-laws but the post-mortem examination report reveals the death was on account of hanging. From perusal of the case diary, I find that not a single witness from the village of the deceased has been examined which would show that there has been an independent investigation in the matter. Considering the entire conspectus of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Delha P.S. Case No. 121 of 2009 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner 2 who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail. (iii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. The Supdt. of Police, Gaya is directed to call for the case diary of Delha P.S. Case No. 121 of 2009 and verify himself about the quality of investigation done in the matter and take immediate steps since there have been repeated directions even from Hon’ble the Supreme Court that in cases where the question of presumption arises a fair investigation should be done so that no party suffers any injustice. The said direction should be kept in mind by all the Investigating Officers and S.P. is directed to take an initiative in educating his Investigating Officers in this regard. Let this order be communicated to the S.P. Gaya through FAX. Vikash/- (Anjana Prakash, J.)