IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.16002 of 2011 Sanjay Bhagat son of Ramdeni Bhagat Versus The State Of Bihar ----------- 3/ 03.08.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 304-B and 201/34 of the Indian Penal Code. It has been submitted that the petitioner was married to the deceased about six years ago and it does not stand to reason that why he would kill his wife after so many years for a golden chain and a cow. It has further been submitted that no villagers of the place of occurrence has been examined to verify the veracity of the informant’s statement. On going through the case diary, I find that paragraph 2 is the further statement of the informant, paragraph 3 is the statement of one Mahesh Bhagat of village-Bathna, P.S. Maheshi, paragraph 4 is the statement of Nand Lal Bhagat, paragraph 5 is the statement of Birendra Kishore Prasad, paragraph 6 is the statement of Jagarnath Prasad, paragraph 7 is the statement of Surendra Bhagat, paragraph 8 is the statement of Azimullah Ansari, all of whom belonged to village- Bathna, P.S. Maheshi, dist- East Champaran i.e. the village of the informant. Considering the same, 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 to be fixed by the court below to the satisfaction of the Chief 2 Judicial Magistrate, Motihari, East Champaran, in connection with Madhuban P.S. Case No.87 of 2010, subject to the conditions (i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) 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, and (iii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The Superintendent of Police, East Champaran, is directed to take appropriate action against the Investigating Officer of the present for not having recorded statement of any of the villagers where the deceased resided which alone could have provided truth to the Court. Since section 304-B Indian Penal Code is a harsh law and shifts onus upon the accused, therefore, the investigation in no circumstances should be one sided and it is expected that the Superintendent of Police will impress his officers to be careful in a case of section 304-B Indian Penal Code. JA/- (Anjana Prakash,J.)