[Cites 0, Cited by 0]
Jharkhand High Court
Rekha Devi vs The State Of Jharkhand And Ors on 7 April, 2026
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P (Cr.) (DB) (HB) No.165 of 2026
Rekha Devi ....... Petitioner
Versus
The State of Jharkhand and Ors. ....... Respondents
---------
CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE SANJAY PRASAD
----------
For the Petitioner : Mr. Vincent Rohit Marki, Advocate
: Mr. Shantanu Gupta, Advocate
: Ms. Ritual Nanda, Advocate
For the State : Mr. Jayant Franklin Toppo, G.A-V
For the RIMS : Dr. Ashok Kr. Singh, Advocate
-----------
th
07/Dated:07 April, 2026
1. Learned counsel for the petitioner has sought for leave of this
Court to accept the interlocutory application, copy thereof has been
served upon the learned State Counsel.
2. Let the affidavit be taken on record.
3. The office is directed to institute this interlocutory application.
4. Learned counsel for the petitioner has submitted that the reason
for filing the instant interlocutory application is that on the one hand
sincere endeavour is not being taken to produce the corpus, and on the
other hand, the family members of the writ petitioner are being
harassed.
5. It is submitted that the uncle of the petitioner, namely, Samapad
Mahato has been subjected to physical assault and inhuman treatment
by the police authorities and is being forcibly coerced to falsely confess
to an offence which he has not committed.
6. It is also stated that there is likelihood of further custodial
harassment, torture, and violation of the legal and constitutional rights
of the petitioner's family members.
7. Further submission has been made that at the moment, the said
Samapad Mahato is getting the treatment in RIMS.
8. This Court, considering the aforesaid submission, is of the view
that the RIMS is required to be made party through the Medical
Superintendent.
9. Accordingly, let the RIMS through the Medical Superintendent
be impleaded as party-respondent and the necessary addition, in the
cause title, be made in course of the day.
10. Dr. Ashok Kumar Singh, learned counsel who has been informed
to be the retained counsel for the RIMS, has been requested to appear
and represent the RIMS in the present case.
11. Let the copy be served upon the learned counsel for the RIMS
along with copy of the writ petition in course of the day.
12. Dr. Ashok Kumar Singh, learned counsel for the RIMS, is hereby
directed to get a report from the RIMS with respect to the issue of
treatment of the said Samapad Mahato.
13. Considering the nature of this matter, the matter is posted at 2:15
pm today itself.
14. Let the name of Dr. Ashok Kumar Singh be reflected in the daily
cause list.
(Sujit Narayan Prasad, J.)
(Sanjay Prasad, J.)
Later on:
15. The matter has been taken up in the post lunch session.
16. Dr. A.K. Singh, learned counsel appearing for the RIMS has
submitted, on instruction, that the person concerned namely, Samapad
Mahato is actually not hospitalized in the RIMS, rather he is being
treated in the clinic of Dr. C.B. Sahay, a retired Neuro Surgeon of RIMS.
17. Learned counsel for the petitioner has produced the photocopy of
the medical reports of said Samapad Mahato of the Palamau Clinic of
Dr. C.B. Sahay, Neuro Surgeon.
18. The said report consists of 14 pages and the advice is to have
C.T.S of brain and Skull, E.E.G. etc. The document includes the C.T.
Scan report as well as EEG report.
The report of C.T. of Brain reflects Craniotomy defect noted in
right high parietal region and Chronic lacunar infarct noted in left
ganglio-capsular region.
19. Let the copies of the said report be taken on record.
20. Copy thereof is also being handed over to the counsel for the
State.
21. Learned counsel for the petitioner further submitted that when
this Court has asked the learned counsel for the State to contact the
Superintendent of Police, Bokaro, then immediately after knowing the
same, the Officer-in-Charge of the Pindrajora Police Station, Bokaro
called the petitioner that as to why all these things are being done and if
this is not stopped he will lose his job.
22. While on the other hand, Mr. J. F.Toppo, learned counsel for the
State, on the instruction of the Superintendent of Police, Bokaro, has
submitted that actually the said Samapad Mahato has been called to the
police station and thereafter he was asked to go at 8.00 p.m. in the night.
23. This Court has posed a question as to what was the occasion to
call upon the said Samapad Mahato, who is Grand-father of the Corpus
and brother of the writ petitioner in a situation when he is not an accused
in the case. He failed to answer the same.
24. This Court is of the view that there is a daring on the part of the
Bokaro Police of taking such an audacious action without any care for
the pending proceeding in this Court, in which the Superintendent of
Police, Bokaro has been called upon to appear physically.
25. This Court, therefore, considers it fit to call upon the Director
General of Police of the State of Jharkhand at 3.30 p.m. before this
Court taking into consideration the conduct of the Bokaro Police as also
the nature of injury sustained by Samapad Mahato.
26. Mr. Jayant Franklin Toppo, learned G.A-V has communicated
with the Court that the Director General of Police, since, is busy in the
High Level Meeting and as such a request has been made to appear
through Virtual Mode.
27. This Court has accepted that request.
28. The Director General of Police, Jharkhand has appeared through
Virtual Mode.
29. The Director General of Police, Jharkhand has stated that she is
looking into the matter personally and will submit a report to that effect
on the next date of hearing.
30. Considering the urgency in the matter, the matter is being posted
on 09.04.2026.
31. The Director General of Police, Jharkhand will appear through
Virtual Mode on 09.04.2026.
32. It is made clear that any mishappening of the writ petitioner or
her family members, will be the personal accountability of the
Superintendent of Police, Bokaro.
33. The learned State Counsel has undertaken before this Court that
this will be communicated forthwith without waiting for the web copy.
(Sujit Narayan Prasad, J.)
(Sanjay Prasad, J.)
Dated: 07.04.2026
Samarth/Sanchita/Saket/-
