IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4994 of 2009 LAL DEO SINGH Versus STATE OF BIHAR ----------- 2 18.4.2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is the father-in-law. The allegations are that his son was posted elsewhere in the Army. Deceased daughter-in-law was in his care and custody. She is suspected to have been poisoned and dead body was disposed of instantaneously without information to her parents. How she died ,and who was responsible for her death, are all subject matters of investigation. Unfortunately, the impugned order refers to the case diary only for the purpose that first wife of the husband of the deceased died of burn injury. There is no discussion in the impugned order from materials in the case diary during investigation on which the court arrived at its satisfaction that the petitioner was required to be kept in custody. Learned counsel for the petitioner submits that the case diary may be called for. This court is not inclined to do so. It is the primary duty of the court below to pass a reasoned order either granting or rejecting bail from the material in the case diary. Bail concerns the liberty to a citizen, which has to be balanced with the interest of the society. Liberty is given to the petitioner to file an application before the court below along with a certified copy of the present order. When court below within three weeks from the date of presentation of the - 2 - certified copy shall rehear the earlier application for bail and pass a reasoned and speaking order after appropriate discussion of the nature and the materials in the case diary in support of its conclusion either to grant or deny bail. The application stands disposed off. Let this order be communicated to the court below (Chief Judicial Magistrate, Aurangabad in Mali P.S. Case no. 42/2008) through FAX at the cost of the petitioner. shahid (Navin Sinha, J)