SONA DEVI Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) The instant criminal writ petition has been filed for initiation of process against the respondents under the appropriate sections of Indian Penal Code and for imposition of heavy cost and further for a direction to the respondents to pay rupees five lacs as compensation for their deeds and misdeeds against the son of the petitioner, namely, Uday Mahto by which they caused physical as well as mental torture to him.

(2.) According to the petitioner, the daughter of one Jung Bahadur Singh, namely, Kushum Kumari was married to the son of the petitioner, namely, Subhash Kumar, who, on 8th March, 2014 went to attend the nature's call but she did not return.It has been contended that though necessary informations were given to the parents of Kushum Kumari as well as to Goh Police Station but no case was lodged for her missing by the police. On 13th March, 2014 one bullet ridden dead body of a young woman was found by the Chaukidar of Kaler Police Station and for that Kaler P.S.Case No. 14 of 2014 was lodged under sections 302, 201 read with 34 of the Indian Penal Code as well as 27 of the Arms Act and investigation was taken up. On 14th March, 2014, respondent nos.5 to 8 appeared before the Kaler Police Station and identified the dead body as of their daughtger, namely, Kushum Kumari and also leveled allegation that, due to illicit relation between the husband of the so called deceased with his bhabhi Renu Kumari, the family members of the petitioner committed murder of their daughter. The inquest report of the dead body was also prepared and it was sent for post-mortem on 15th March, 2014. Respondent nos. 5 to 8 procured the dead body and also cremated the same. In course of investigation, the police arrested son of the petitioner, namely, Uday Mahto and his wife Renu Kumari, who were produced before the Magistrate and remanded to judicial custody. However, on 6th May, 2014, the so called deceased wife of son of the petitioner was found alive and she was produced before the Magistrate for her statement under section 164 of the Code of Criminal Procedure and on the same day on the direction of the Superintendent of Police, Arwal, a final form showing "mistake of fact" was submitted by the police in court. Accepting the final report submitted by the police, learned Magistrate ordered for release of the son and daughter-in-law of the petitioner from jail on 14th May, 2014.

(3.) It has been contended that due to malicious prosecution launched by respondent nos.5 to 8, the family members of the petitioner were put in mental agony and two of them had to undergo even imprisonment for almost nine days for none of their fault. In that view of the matter, the aforesaid reliefs have been claimed by the petitioner.