IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52406 of 2008 RAM BABU PRASAD Versus STATE OF BIHAR & anr ----------- 07. 14.09.2009 Petitioner is said to be the father-in-law of the victim. He is in custody since 15.9.2008 in Fatuha P S Case no.119 of 2007 for the offence under sections 498, 304B, 201 and 34 of the Indian Penal Code. Informant who is father of the victim has stated that his elder daughter was married according to Hindu religious rites in the year 2005. In 2007 vidaee ceremony was held. Subsequently on 6.6.2007 he got information on telephone about the illness of his daughter. When he went to sasural of his daughter, the house was locked. On enquiry he found that his daughter had been killed a day before and body was concealed. After due investigation body was recovered. Postmortem was held but no clear opinion could be recorded by the doctor with regard to the reason for death. Viscera was preserved but it seems it was not forwarded to the Forensic Science Laboratory. This fact is evident from the report of the City S.P., East, Patna dated 7.8.2009. Submission of the learned counsel for the petitioner is that burden of proof is on the accused persons but subsequently some kind of compromise has been worked out between the parties. Petitioner is the father-in-law and nothing specific has been alleged against him and he is in custody for almost a year now. In view of the above, let the petitioner Ram Babu Prasad be enlarged on bail on furnishing bail bond of Rs.20,000/- with two - 2 - sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Patna City in Fatuha P S Case No. 119 of 2007. One of the sureties will be executed by close relation of the petitioner on due identification by the court below. Petitioner will co-operate in the trial of the matter. Senior Superintendent of Police, Patna is hereby directed that he shall identify the present posting of Raj Kishsore Prasad, the then Sub Inspector cum I.O. of the case in question and take an appropriate action against him departmentally for a serious lapses in the investigation which has emerged in the report of the City S.P., East, Patna. The Court expects that the matter will be taken up seriously and would not be allowed to remain in file. The Court would also like to be informed about the developments in the matter. Let a copy of this order be communicated to the Sr. Superintendent of Police, Patna for follow up action. rkp (Ajay Kumar Tripathi, J)