MANAGER PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) In an incident dated 16.8.2000, son of the appellant was killed. Respondent 2 herein is a police officer, who at the relevant time was the officer-in-charge of the police station concerned. According to the appellant, Respondent 2 fired a shot at his son Anand Pandey who met instantaneous death. It is true that on direction of the Human Rights Commission, a joint enquiry was held by the Commissioner, Saran Range, and the DIG of the said range and in that report Respondent 2 was not found guilty of the offence. But at the same time, it may also be noticed that on the appellant filing a writ petition making allegations against the investigating agencies, this Court directed the appellant to file a proper protest petition before the Court seized of the matter. The Chief Judicial Magistrate, Gopal Ganj, by a detailed order dated 26.8.2002, on consideration of the first information report, case diary and the police report, came to the conclusion that there is a strong prima facie case against the second respondent and sufficient material to proceed against the said respondent for offence u/s. 302 IPC and Section 27 of the Arms Act.

(3.) An application filed by Respondent 2 before the Sessions Judge, Gopal Ganj, u/s. 438, Criminal Procedure Code was also dismissed by a detailed order, prima facie, noticing that Respondent 2 being a police officer possibly influenced the policemen to give a doctored report. Having regard to the facts and circumstances of the case, the learned Sessions Judge observed that in a case where a police officer is said to have intentionally killed a member of public to satisfy his ego and vent his annoyance, he was not inclined to extend the benefit of anticipatory bail. The bail application was accordingly rejected on 7.4.2003.