IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36110 of 2009 KAMLESH JHA S/O Mohan Jha, R/O Village-Riga, P.S. Riga, District-Sitamarhi. Versus STATE OF BIHAR ----------- 3 23/11/2009 Heard counsel for the petitioner and counsel for the State. The petitioner faces prosecution for the offence under sections 304 B/201/34 of the Indian Penal Code in Riga P.S. Case No.73/2008. Counsel for the petitioner would submit that the petitioner is Devar and thus unconnected with the alleged demand of dowry or in fact with the unnatural death of the deceased his own Bhabhi. This Court would find it difficult to accept such plea of the petitioner because the husband of the victim lady was not residing in the house, being away from the family for earning his livelihood and there are materials to show that victim lady was being tortured by the mother-in-law as also this petitioner on the plea that she was dull minded and had not even carried sufficient dowry for the family. It is true that the police in course of investigation has found it to be a case of suicide and zeroed for the offence only under section 306 of the I.P.C. but then the manner in which the police had arrived at such a finding as its such rash whimsical conclusion leaves a lot to be desired inasmuch as despite absence of any objective materials at the place of occurrence to support the story of alleged bid of suicide by a lady by putting herself on fire with the help of a stove 2 would make this Court to believe that even the police was in collusion with the petitioner and that is how it has messed up with the entire investigation. That is not end of the matter, because when the lady is said to have been taken for treatment to the Sadar Hospital, Sitamarhi and is said to have died of burn injuries but even then the doctor did not inform the police as a result whereof the dead body was also disposed of without it being subjected to postmortem. It is really a matter of further enquiry as to how the authorities in a government hospital, i.e, Sadar Hospital, Sitamarhi had allowed the dead body to be taken away without subjecting it to postmortem. Thus this Court holds the entire investigation to be wholly perfunctory, requiring its re-opening and further investigation under section 173 (8) Cr.P.C. Let a copy of this order be accordingly sent to the Superintendent of Police, Sitamarhi for taking up further investigation in this case so that justice is done to the deceased and her family members. That being so, when it has come by way of allegation that it was the petitioner and his mother who even on the fateful day had given sufficient reasons to the victim lady as a result whereof she is said to have died under the suspicious circumstance, this Court would not be inclined to grant bail to the petitioner and accordingly his prayer for bail is hereby rejected. The petitioner who has also surrendered only recently in this case cannot claim expeditious trial on half baked investigation and his such trial would only taken up when the police will submit its report of further investigation. Abhay Kumar (Mihir Kumar Jha, J.)