Rekha Devi vs The State Of Jharkhand And Ors
2026 Latest Caselaw 2844 Jhar

Jharkhand High Court

Rekha Devi vs The State Of Jharkhand And Ors on 9 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
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Rekha Devi                             ...   ...     Petitioner
                         Versus
The State of Jharkhand and Ors. ...     ...    Respondents
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CORAM:HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Petitioner : Mr. Vincent Rohit Marki, Advocate : Mr. Shaantanu Gupta, Advocate : Ms. Ritul Nanda, Advocate : Mr. Yashdeep Kanhai, Advocate For the State : Mr. Jayant Franklin Toppo, G.A-V For the RIMS : Dr. Ashok Kumar Singh, Advocate : Mr. Sharon Toppo, Advocate For the UOI : Mr. Prashant Pallav, ASGI

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Order No. 08/Dated 9 April, 2026 th

1. Learned counsel appearing for the petitioner has

sought for leave of this Court to accept the affidavit, copy of

which has already been served upon the counsel for the

State.

2. Let the affidavit be taken on record.

3. We have passed order on 23.03.2026 as also on

07.04.2026.

4. The order dated 07.04.2026 has been passed on

being reported by the learned counsel for the writ petitioner

that one old person, the father-in-law of the writ petitioner,

has brutally been assaulted by the Bokaro Police and he

now is taking treatment in the clinic of Dr. C.B. Sahay,

Neuro Surgeon. The medical report has been taken on

record, as has been taken note in the order dated

07.04.2026.

5. In such circumstances, this Court had called upon

the Director General of Police, Jharkhand to appear

through virtual mode. She had appeared.

6. The Court has also taken note that the Director

General of Police, Jharkhand will look into the matter

personally and submit a report on the next date of hearing.

No report although has been submitted but the Director

General of Police has stated that One Man Committee has

been constituted.

7. We are not concerned with One Man Committee, as

of now, taking into consideration the conduct of the Bokaro

Police that has been referred by this Court in the order

dated 07.04.2026, for ready reference, the entire order is

being referred herein :-

"07/Dated:07th 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.

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."

8. Today, one another affidavit has been filed stating

inter alia therein that one another individual, namely,

Taroni Mahato, who had gone to sign document at the time

of release of Samapad Mahato is now being repeatedly

called by the police authority and being pressurized to give

a false statement to the effect that no one had assaulted or

beaten Samapad Mahato.

9. It has further been stated at paragraph-8 that the

police officials are continuously threatening the said

person, another individual connected to the petitioner,

stating in clear term that if the statement as dictated by

them are not given, false F.I.R. will be lodged against them.

10. The copy of the said affidavit although has been

supplied to the learned State counsel, but the content

thereof is not being known to the Director General of Police.

Since she is appearing through virtual mode and, as such,

the Court has read out in open Court the content of the

said affidavit so that the content be apprised to the Director

General of Police.

11. The Director General of Police has prayed for one

hour time to look into the matter.

12. This Court prima facie considered the approach of

the Bokaro Police to be contemptuous since it amounts to

interference with the administration of justice but before

passing an appropriate order, as has been stated by the

Director General of Police, Jharkhand, we are granting one

hour time.

13. Let the case be called out at 12:00 P.M today.

(Sujit Narayan Prasad, J.)

(Sanjay Prasad, J.)

Later on

14. The matter has been taken up at 12:00 Noon and

further order has been passed.

15. The Director General of Police, Jharkhand has

appeared in the Court proceeding through Virtual Mode

and has stated the following things:-

(i) That she has already constituted One Man Committed headed by a DIG rank officer to look into the matter and submit a report within two weeks.

(ii) The officer-in-charge and the police personnel of the concerned police station against whom the allegation has been made have been directed to be out from the investigation of the present case as also they have been asked to remain in inactive service and he is no longer as officer-in-charge of the concerned police station on the basis of the direction as has been passed by the Director General of Police, Jharkhand.

(iii) It has been stated that in order to verify the gravity of the issue of assault upon one Samapad Mahato, a Medical Board has been directed to be constituted.

16. This Court is of the view that the Medical Board

which has been decided to be constituted is to be

conducted in the Military Hospital, Namkum, Ranchi

considering the fact that the said Samapad Mahato is now

getting his treatment in the private clinic of Dr. C.B. Sahay,

Neuro Surgeon.

17. In view of the above, the Union of India is required

to be made a party.

18. Accordingly, let Union of India be impleaded as

party-respondent and the necessary addition, in the cause

title, be made in course of the day.

19. This Court for the aforesaid purpose of medical

examination to be conducted at Military Hospital, Namkum

has called upon Mr. Prashant Pallav, the learned ASGI to

communicate this order forthwith to the Officer in

Command of the concerned hospital for making proper

arrangement of the medical examination of said Samapad

Mahato to be conducted by the Medical Board.

20. Let this order be communicated to the authority

concerned through the learned ASGI forthwith.

21. Let name of Mr. Prashant Pallav, the learned ASGI

appear in the cause list.

22. This Court although has passed an order as has

been taken note in the order dated 07.04.2026 that any

mishappening of the writ petitioner or her family members

if would happen, then the same will be the personal

accountability of the S.P, Bokaro, the same has again been

repeated.

23. Since said Samapad Mahato is getting his treatment

in a private clinic of Dr. C.B. Sahay, as such, the Civil

Surgeon, Ranchi is directed to make all arrangement to

send said Samapad Mahato to Military Hospital, Namkum

for his medical examination to be conducted by Medical

Board.

24. Let said exercise of medical examination be

conducted tomorrow, i.e., on 10.04.2026 and the report

thereof be submitted through the learned ASGI in a sealed

cover before this Court.

25. The learned State counsel has undertaken before

this Court to communicate this order to the Civil Surgeon,

Ranchi for compliance of the direction referred hereinabove.

26. The equal direction is upon the GOC of the

Cantonment for ensuring the compliance of the order of

this Court.

27. Since in the order dated 07.04.2026 the RIMS has

also been arrayed as a party but after information being

provided by Dr. Ashok Kumar Singh, the learned counsel

representing the RIMS that said Samapad Mahato is not

getting his treatment at RIMS, rather he is getting his

treatment in a private clinic of Dr. C.B. Sahay, Neuro

Surgeon and, as such, there is no need of further

appearance of Dr. Ashok Kumar Singh, the learned counsel

representing the RIMS.

28. Let this matter be listed on 15.04.2026.

29. The Director General of Police, Jharkhand will also

appear on the date fixed through virtual mode.

(Sujit Narayan Prasad, J.)

(Sanjay Prasad, J.) Date : 9th April, 2026

Birendra/Sudhir