IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42250 of 2008 DEEPAK KUMAR Versus STATE OF BIHAR ----------- 05/ 17.12.2008 Heard learned counsel for the petitioner and the State. Petitioner is the husband of the deceased and has been made accused in a case under Sections 304B, 201/34 of the Indian Penal Code on the basis of the written report of Awadhesh Sharma, his father-in-law, which is dated 28.8.2007 addressed to the Superintendent of Police, Gaya. It is submitted on behalf of the petitioner that although he has been chargesheeted, but neither his father-in-law, Awadhesh Sharma nor anyone else on his behalf has been examined by the Investigating Officer under Section 161 Cr.P.C. in support of the written report in spite of several opportunities being extended to Sri Sharma for recording his statement which is evident from different paragraphs of the case diary. For verifying the aforesaid factual aspect of the matter, this Court called for the case diary, carbon copy whereof has been received, but the same is not legible. In the circumstances, C.J.M., Gaya is directed to verify as to whether any witness was examined by the Investigating Officer in support of the written report dated 28.8.2007 under Section 161 Cr.P.C. and if there is none who has been examined in support of the written report dated 28.8.2007 then the petitioner, Deepak Kumar be released on bail on furnishing bail 2 bond of Rs. 5,000/- (Rs. Five thousand only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in connection with Konch P.S. Case No. 109 of 2007. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. Arjun/ (V.N. Sinha, J.)