SIKANDAR PRASAD @ SIKANDAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Article 226 of the Constitution of India has been filed by the petitioner for directing the respondents to conclude the investigation of Masaurhi P.S. Case No.234 of 2019 registered inter alia under Sections 376D and 302 of the Indian Penal Code.

(2.) Learned counsel appearing for the petitioner submitted that the petitioner is the informant of Masaurhi P.S. Case No.234 of 2019 registered on 23.03.2019. In the first information report, he had alleged that when he had gone to Masaurhi to see off his nephew, his brother Ranjan Prasad informed him on mobile that the accused Yadu Prasad, Lalan Prasad, Raju Prasad, Sanjay Prasad Chhatanki Prasad and Sujit Prasad having common intention entered into his house, beating the inmates as well as plundering valuables. Upon receiving information when he reached at his home, he found that everything in the house was scattered and his daughter aged about 15 years was lying dead. His wife told him that all the accused persons forcefully entered into the house, raped her daughter and made videography of the same. They also threatened her to death. They looted away valuables worth Rs.5-6 lakhs from the house of the petitioner. He contended that in a serious allegation like this, the investigating officer of the case is not showing any interest in carrying out the investigation. The accused persons are still at large. On the basis of aforesaid submissions, learned counsel for the petitioner contended that the slow pace of the investigation has eroded the confidence of the petitioner in fair investigation.

(3.) A counter affidavit has been filed on behalf of the Senior Superintendent of Police, Patna (respondent no.2). It is stated in the counter affidavit that after registration of the case, the investigation started. The police visited at the place of occurrence and after completing the legal formalities sent the body of the deceased for postmortem. After postmortem examination, the doctor reserved his opinion regarding the cause of death till receipt of chemical analysis report of the viscera from the Forensic Science Laboratory and micro section of vaginal swab report from Microbiology Department, PMCH, Patna. It is further stated that in course of investigation it revealed that on 23.03.2019 at about 2:30-3:00 hours the petitioner and his family members raised alarm shouting that the door of the victim's room is closed. Thereafter, the villagers arrived at the house of Sikandar. They saw that the door was closed from inside. After breaking the door, ithey saw that the victim was hanging with ceiling rod with aid of plastic rope. A co-villager Ram Bachchan cut the rope and brought the body on surface, but she was found dead.