RAMESH PRASAD GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application for grant of anticipatory bail in connection with Bhandaria P.S. Case No. 22 of 2005 corresponding to G.R. Case No. 1158 of 2005 registered under Sections 498A/306/34 I.P.C., pending in the court of Judicial Magistrate, 1st Class, Garhwa, has been filed on behalf of petitioners, named above. There is allegation in the F.I.R. that Asha Devi (deceased) was subjected to torture and treated with cruelty by her husband and in-laws, as a result she consumed poison on 22.12.20005 and died on 23.12.2005 in the hospital. It is submitted that deceased had been insisting her husband to construct a house, but he was unable to construct due to economic constraint and due to that the deceased consumed poison and died. According to statement of witnesses, the petitioners were residing separately in mess and kitchen and they could not be held liable for the abettment to commit suicide. The police after due investigation submitted final form, but the learned C.J.M has taken cognizance on the basis of the material available in the case diary.

(2.) It is not disputed that the deceased died due to poisoning. The informant has clearly stated that the deceased was subjected to torture during her life time and she was not provided proper accommodation as per the share of her husband in the property. On the date of incident itself some altercation took place between the deceased and her mother-in-law and other family members. The I.O. has submitted final form without collecting the postmortem report which indicates how carelessly he has done the investigation.

(3.) In the aforesaid facts and circumstances, I do not find this case is fit to be considered under Section 438 Cr.P.C. Accordingly, the prayer for anticipatory bail stands rejected. Let a copy of this order be communicated to the concerned Superintendent of Police for taking action against such erring police officer.