Patna High Court
Minta Devi vs The State Of Bihar on 25 August, 2025
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1376 of 2023
Arising Out of PS. Case No.-258 Year-2017 Thana- AGAMKUAN District- Patna
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MINTA DEVI W/O LATE SANJAY CHAUDHARY R/O- NEAR THE GATE
OF PANCHASHIL SCHOOL, JHOPARPATTI, P.S- AGAMKUAN, DISTT.-
PATNA.
... ... Appellant
Versus
1. THE STATE OF BIHAR
2. BABLU KUMAR S/O BAIJNATH PRASAD R/O MOHALLA-
KUMHRAR, P.S- AGAMKUAN, DISTT.- PATNA.
3. MUNNA CHAUDHARY S/O RAM PRAVESH CHAUDHARY R/O-
MOHALLA- RANIPUR, PATNA CITY, DISTT.- PATNA.
... ... Respondents
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Appearance :
For the Appellant : Mr. Prashant Kumar, Adv.
Mr. Manaur Alam, Adv.
For the State : Mr. Binay Krishna, Special PP
For Respondent No. 2 Mr. Rajesh Ranjan, Adv.
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
Date : 25-08-2025
Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State and learned counsel for
private respondent no. 2.
2. The present appeal is directed for setting aside
the order dated 03.03.2020 passed by learned Additional District
Judge-VIII, Patna cum Special Judge, (SC/ST, M.P. / M.L.As.
Court), Patna in connection with Agamkuan P.S. Case No. 258
of 2017 corresponding to Special SC/ST Case No. 190 of 2019
registered under Sections, 302, 201, 34 of the Indian Penal Code
and 3 (ii) (v) of SC/ST Act whereby the concerned court has
Patna High Court CR. APP (SJ) No.1376 of 2023 dt.25-08-2025
2/5
accepted the final form submitted by the police and did not take
cognizance against respondent no. 2 and 3 even without hearing
the petitioner and without going through the material available
on record as well as case diary and overlooking the protest-cum-
complaint petition filed on behalf of the informant which is
pending in the court of learned Additional District Judge-VIII,
Patna cum Special Judge, (SC/ST, M.P. / M.L.As. Court), Patna.
3. As per prosecution case, the informant gave
her fardbeyan before the S.I. Agamkuan Police Station to this
effect that informant's son, namely, Mithu Kumar used to drive
cart and work as khalasi on the bus. It is alleged that on
01.06.2017
, informant's son had gone on the bus of Ballu
Kumar on fair and did not return till morning of 02.06.2017 and
when query was made by elder brother of informant's son on
phone regarding the whereabouts, then informant's son/ Mithu
Kumar told that he was in Biharsharif and was not returning
today. It is further alleged that on 03.06.2017 at about 6:00 AM,
Ballu Kumar came to the house of informant and told that
informant's son/Mittu died on account of electrocution. It is
further alleged that informant, her son/ Rahul and her daughter
went to see the dead body which was lying on the surface of
Bus and informant found injury on stomach, shoulder and leg
Patna High Court CR. APP (SJ) No.1376 of 2023 dt.25-08-2025
and there was spot of rope around the neck and she claimed that
driver, owner, conductor and others have committed the murder
by assaulting the informant's son and hide the dead body in the
bus.
4. On the basis of fardbeyan of informant,
Agamkuan P.S. Case No. 258 of 2017 was registered for the
offence punishable under Sections 302, 201, 34 of the IPC and
Sections 3(ii) (v) of SC/ST Act and after completion of
investigation, police submitted final form against all the accused
persons showing the case true but clueless.
5. Learned counsel for the appellant has
submitted that there is specific allegation against all the accused
persons and it has been submitted that dead body of informant's
son was taken at the house and informant's daughters and others
have seen several injury on the body of informant's son. He
further submits that several witnesses have examined and all of
them have supported the prosecution case but despite that owner
of said bus has cooked another story and tried to twist the case
towards accidental. It has been submitted that final form has
been submitted by the I.O. though there is sufficient material
against the accused persons and the concerned court has also not
taken into account the material available on record and final
Patna High Court CR. APP (SJ) No.1376 of 2023 dt.25-08-2025
form has been accepted by the concerned court.
6. Counter affidavit has been filed on behalf of
respondent no. 2 and it has been submitted that from perusal of
the FIR it is clear that there is not even whisper about the
motive behind the alleged occurrence. The allegation is vague
and omnibus in nature. No specific allegation of any overt-act
has been attributed against him and he has been implicated in
the present case on mere suspicion. Learned counsel further
submits that order passed by the concerned court is on the basis
of material available on record. He further submits that the
concerned court on two occasions i.e. on 06.09.2019 and
08.02.2020 issued notice to the informant but the informant did
not turn up before the court. Thereafter, the concerned court
accepted the final form submitted by the police.
7. From perusal of order dated 03.03.2020 it is
found that final form has been submitted after completion of
investigation and separate notice has been ordered to be issued
by the concerned court. On 06.09.2019 notice was issued to the
informant but she did not turn up and for the purpose of
appearance of informant, again on 08.02.2020 notice was issued
through registered post but informant did not turn up and the
trial court recorded the finding that the informant has no interest
Patna High Court CR. APP (SJ) No.1376 of 2023 dt.25-08-2025
in the present case and in the light of aforesaid fact, final form
submitted by the police has been accepted by the concerned
court.
8. Considering the facts and circumstances of the
case, it is clear from perusal of impugned order dated
03.03.2020 that on two occasions i.e. on 06.09.2019 and
08.02.2020, notices have been issued upon the informant but she
did not turn up before the concerned court and after that the
concerned court accepted the final form submitted by the police.
Hence, order dated 03.03.2020 passed by the concerned court is
justified and legal and no interference is required.
9. Accordingly, the present appeal stands
dismissed.
(Alok Kumar Pandey, J)
shahzad/-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 27.08.2025
Transmission Date 27.08.2025
