Ram Kalash Kumar @ Ram Akhilesh ... vs The State Of Bihar
2021 Latest Caselaw 4006 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.37161 of 2020
       Arising out of PS. Case No.-04 Year-2020 Thana- KUNDWACHAINPUR District- East
                                            Champaran
     ======================================================

1. Ram Kalash Kumar @ Ram Akhilesh Kumar, aged about 19 years, Male, Son of Surendra Yadav @ Surendra Kapar Resident of Village - Mahangua, P.S.- Kundwa Chainpur, District - E. Champaran.

2. Surendra Yadav @ Surendra Kapar, aged about 40 years, Son of Baidya Nath Kapar Resident of Village - Mahangua, P.S.- Kundwa Chainpur, District - E. Champaran.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

     For the Petitioner/s   :        Mr. Anshu Dhar Sharma, Advocate
     For the State          :        Ms. Asha Devi, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 09-08-2021

The matter has been heard via video conferencing.

2. Heard Mr. Anshu Dhar Sharma, learned counsel for

the petitioners and Ms. Asha Devi, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioners apprehend arrest in connection with

Kundwa Chainpur PS Case No. 04 of 2020 dated 03.01.2020,

instituted under Sections 302, 328/34 of the Indian Penal Code.

4. As per the FIR, the granddaughter of the informant is

alleged to have been poisoned to death by six named accused, not

the petitioners, who are the uncle and cousin brother of the

deceased.

Patna High Court CR. MISC. No.37161 of 2020 dt.09-08-2021

5 Learned counsel for the petitioners submitted that the

grandfather of the deceased, who is also the grandfather of the

petitioner no. 1 and father of petitioner no. 2, had lodged the FIR

in which six persons have been named and are alleged to have

poisoned his granddaughter to death. However, it was submitted

that during the course of investigation, the entire focus of the

investigation has turned towards the informant and his family

members due to which the informant and his brother were arrested

and now released on bail and the petitioners are close family

members. Further, learned counsel submitted that the case has

taken a u-turn only on the basis of supervision report of the Sub

Divisional Police Officer as he has made out a case against the

informant that they had killed the deceased and had shifted the

blame to the named accused. It was submitted that the main

accused was Ashok Kumar who was related to the informant side

being agnates. It was submitted that giving a clean chit to the main

accused and putting blame on the informant's side is a colourable

exercise of power by the police. Learned counsel submitted that

that the motive to kill was also against the named accused and not

the petitioners.

6. Learned APP, from the case diary, submitted that it

has come during investigation where independent witnesses have Patna High Court CR. MISC. No.37161 of 2020 dt.09-08-2021

stated that it was the villagers who had gone to the place where the

body was being burnt and they had extinguished the fire and,

thereafter, the post-mortem was conducted. It was submitted that

further it has come during investigation that there is a video of

petitioner no. 1 helping his uncle take the body half-wrapped in a

cloth. Learned counsel submitted that if the contention of the

petitioners is taken to be true that it was Ashok Kumar who was

the main culprit as he was having relationship with the deceased,

then also it is unbelievable that if the intention was to kill the girl

she would not have been called from her house and rather would

have been left in her house as nothing adverse was happening to

them and, thus, enticing the girl from her house and taking her to

kill, within a few hours, does not make any sense. Learned APP

submitted that it has also come during investigation that on the

fateful night, between 2-4 AM, when the villagers had called the

police to the house of the informant, he had stated that it was a

dispute relating to love affairs between his granddaughter and the

grandson of his agnate and that they had sorted out the matter

among themselves and, thus, the whole story that she was enticed

and taken away by the accused and they had tried to burn the body

and fled away, is false. It was further submitted that the informant

not informing the police for over 12 hours and, thereafter, the body Patna High Court CR. MISC. No.37161 of 2020 dt.09-08-2021

being recovered in the afternoon the next day also indicates that

the story as narrated in the FIR is not correct. Learned APP

submitted that from the entire investigation it is clear that there

was absolutely no plausible explanation as to why the named

accused would commit a crime as even if they had some issues,

they would have just left her at her parents' house without

bothering to entice and kill her within a few hours. Learned

counsel submitted that it has also come during investigation that

the informant side had caught the deceased girl and Ashok Kumar

and they had mercilessly been beaten due to which the grandfather

of Ashok Kumar, who is also cousin of the informant, had come to

the house of the informant and had saved Ashok Kumar and taken

him back, but had left the girl at the house of the informant, where,

on account of severe and brutal assault and beating by the

informant side, she had died and the informant side had tried to

cremate her, but before that, the police had come at the behest of

the villagers and they could not succeed in burning the dead body.

It was submitted that since the body was found 50 per cent burnt

there was no finding with regard to external injuries on the body.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

finds substance in the contention of learned APP. From the Patna High Court CR. MISC. No.37161 of 2020 dt.09-08-2021

investigation and the circumstances, it appears that it is the

informant side itself which has killed the girl and role of the

petitioners cannot be ruled out as there is sufficient material to

indicate their involvement.

8. For reasons aforesaid, the Court is not inclined to

grant pre-arrest bail to the petitioners. Accordingly, the petition

stands dismissed.

9. Interim protection granted to the petitioners under the

order dated 08.07.2021 stands vacated.

(Ahsanuddin Amanullah, J)

Vikash/-

AFR/NAFR U T