REKHA DEVI WIFE OF NAGENDRA SINGH; ASHOK SINGH SON OF RAJA SINGH; SONAPATI DEVI WIFE OF ASHOKA SINGH Vs. STATE OF BIHAR; SUMAN DEVI WIFE OF AJIT KUMAR SINGH

JUDGEMENT

(1.) This application at the instance of three of the purported accused of Manjhi P.S. Case No. 6 of 2003, is for the quashing of the order dated 19.1.2003, whereby processes under Section 83 Cr.P.C. have been issued against them.

(2.) It appears that on the basis of a written report submitted before the Superintendent of Police, Saran at Chapra, in respect of the murder of her son, Manu alias Pankaj Kumar, aged about 7 years, by one Suman Devi, impleaded herein as O.P. No. 2, on 19.1.2003 the aforesaid police case came to be registered under Sections 302 and 201/34 I.P.C. According to the informant her marriage with one Ajit Kumar Singh, was solemnized in the month of June, 1994 and from the wedlock a son Manu Singh was born. It is alleged that Ajit Singh and his family members tortured the informant for non fulfillment of the dowry demand of a motorcycle and on 18.5.2000 they having assaulted her and confiscated all her belongings and taking the minor son in custody ousted the informant from the matrimonial home. It is stated that for the situation that had arisen the informant filed a Complaint Case No. 859 of 2000 against the husband and others before the learned Chief Judicial Magistrate which resulted in Manjhi P.S. Case No. 120 of 2000 and was pending investigation. It is also stated that as Ajit Singh had been taken into custody in another case relating to theft, he was remanded in the said Manjhi P.S. case and eventually was enlarged on bail in March, 2002 by the High Court but the other co-accused allegedly were still absconding.

(3.) It is further stated that from a news item published in the daily newspaper "Prabhat Khabar" of 29.9.2002, the informant came to know that her husband had lodged a complaint against her father, Nirsu Narayan Singh, for the alleged kidnapping of her minor son, Manu, which was pending inquiry. Having obtained a certified copy of the complaint petition and on perusal of the same, it appeared that a false case had been filed against her father as the right side of her father's body was completely paralyzed. Nevertheless, her father alongwith co-villagers went to Tajpur Phulwariya where Ajit resided and made inquiries from several persons who have been named in the written report and came to know that an intoxicated Ajit had brutally assaulted Manu resultant whereof he had fainted and eventually died on 28.9.2002 and Ajit and his family members having surreptitiously hidden the dead body to cause disappearance of evidence of the offence to screen themselves and also to save their own skin had filed Complaint Case No. 2134 of 2002 on false allegations.