BIMAL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE two petitioners herein who figured amongst the named accused in Bikramganj RS. Case no. 19/2004 but were not sent up for trial alongwith the remaining others are aggrieved by the order dated 13.1.2007 passed by the learned Sub -divisional Judicial Magistrate, Bikramganj at Sasaram whereby, he notwithstanding having committed the case to the court of Sessions on 26.7.05 has subsequently accorded permission to the Officer Incharge of the Police Station to further investigate in the matter in respect of these petitioners and that too when the case is pending before the court of Sessions at a stage wherein prosecution evidence has been closed.

(2.) TO unwind the piquant situation the facts of the case which lie within a narrow compass may be noticed with brevity. A partially burnt Manju Devi gave her fardbeyan to the S.I. of Bikramganj RS. at the Bikramganj Sub -divisional hospital at about 8 P.M. on 18.2.2004 inter alia alleging that her husband in laws and relatives of the husband, as named in the fardbeyan had earlier that day at about 4.30 P.M. set her on fire with an intention to kill her for non -fulfilment of dowry and that prior thereto she was frequently threatened with dire consequence. It was also alleged that these very people on an earlier occasion killed the wife of Jawahar Prasad, uncle in law, by burning her.

(3.) AFTER due investigation the Investigating Officer finding no incriminating material against these petitioners to connect them with the alleged crime discharged them and submitted a chargesheet against all the FIR named accused. Eventually, the case was committed to the court of Sessions on 26.7.2005.