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B.N.AGARWAL, G.B.PATTANAIK
Mohan Baitha – Appellant
Versus
State of Bihar – Respondent


JUDGMENT

Pattanaik, J.—Leave granted.

2. The accused in Nath Nagar Police Station case No. 122/98, is the appellant and assails the order of a learned Single Judge of Patna High Court dated 15.9.1999 passed in Criminal Writ Jurisdiction Case No. 359/99. On the basis of an F.I.R. dated 4.7.98 by one Surendra Rajak at Police Station, Nath Nagar in the district of Bhagalpur, the Police registered a case under Section 304B/34/406 IPC. The said Surendra Rajak also filed a complaint in the Court of Chief Judicial Magistrate, Bhagalpur against Dr. Binod Kumar and four others, alleging the commission of offence against those five persons under Sections 304B, 498A, 120B and 406 IPC. The complainant, Surendra Rajak, was the father of the deceased Kalpana and in the Complaint Petition, he narrated the chain of events starting from 9th of June, 1994, the date on which Kalpana was married to Binod Kumar till 12.6.1997, the date on which the father received a telephonic message that Kalpana had received burn injuries, while preparing milk for Kalpana’s daughter and ultimately Kalpana died on 20th of June, 1997. As the Police did not proceed with the investigation in right earnest, Surendra Raja

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