IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38566 of 2009 MAHESH YADAV S/O Rajendra Yadav Resident of Village-Pokhariya, P.S. Haveli Kharagpur, District- Munger. Versus THE STATE OF BIHAR ----------- 2 12/11/2009 Heard Mr. Shobha Nath Jha, learned counsel for the petitioner and counsel for the State. The petitioner, an accused for the offences under sections 302/34 of the Indian Penal Code, is facing a direct allegation for not only assaulting one Bimal Kumar but also his 70 years old mother who is said to have died on account of such injury sustained by her. Mr. Jha, on the basis of the material on record, would submit that the postmortem report does not support allegation of the prosecution, inasmuch as, there is no external injury found on the person of the deceased. He would also submit that the petitioner has got no criminal antecedent and in fact it is the village politics in which petitioner, being related to a local M.L.A, also a co-accused in this case, has been falsely implicated. He has relied on certain observations of the Dy. Superintendent of Police in course of supervision of the case as recorded in the case diary wherein he is said to found the whole case to be false. This Court on perusal of photocopy of the case diary produced by the learned counsel for the petitioner would find that the Investigating Officer of this case had failed to investigate the case in an objective and impartial manner. It is really lamentable that while 2 surveying and recording material findings of the place of occurrence at the inception of the investigation he had given a death blow to the entire prosecution case by recording that the deceased lady had died on account of fall on the ground. Such perfunctory investigation has rightly been discarded by the Superintendent of Police, Munger who has rightly differed with the supervision note of Dy.S.P. and has directed for submission of the charge sheet in the light of consistent version of the witnesses supporting the version of informant. Infact it is manifest from the F.I.R. that such incident took place in two parts and while the first part of the same is fully supported by other person, namely, Bimal Kumar who was initially assaulted on the order of local M.L.A. merely because he had dared to ask for payment of price of milk supplied by him. The indiscriminate assault on the by fist and slaps on the deceased by the petitioner and others, being the second part of occurrence when she, a seventy year old lady, had gone to save the aforesaid Bimal Kumar, resulting into her death also cannot be disbelieved on the basis of an incomplete postmortem report wherein the doctor has reserved his opinion till submission of viscera report. In that view of the matter it would be also wholly premature to hold that the alleged offence would be only under Section 304 I.P.C. and not under Section as suggested by the learned counsel for the petitioner. That being so, as the petitioner has remained in custody only for a period of three months, his prayer for bail is hereby rejected with a liberty to renew his prayer for bail after submission of viscera report and his completing one year of judicial custody. 3 Let a copy of this order be sent to the Superintendent of Police, Munger to take an appropriate disciplinary action against the Investigating Officer and the Dy.S.P. supervising the case i.e.. Kharagpur P.S. Case No. 160/2008 who appear to have been influenced and gained over by the local M.L.A. also a co-accused in this case. Abhay Kumar (Mihir Kumar Jha, J.)