IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36512 of 2010
Indra Mohan Yadav
Versus
State Of Bihar
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5 29.8.2011 Heard learned counsel for the parties.
Petitioner is alleged for committing
rape upon the informant and setting her on
fire. Defence is that earlier to it, father of
the victim/deceased had made an statement
before the Police Officials about accidental
fire while informant (deceased) had gone to
preparation tea.
It is an admitted fact that the
deceased admitted to Sadar Hospital, Saran
(Chapra) with burn injuries, later was referred
to PMCH where she died on 7.5.2009. Statements
of father as well as of the victim/deceased are
recorded by same Police Official namely
J.S.Singh, S.I., Bhagwan Bazar Police Station.
Fardbeyan of victim/deceased is recorded on
24.4.2009, just after it her father was also
examined who fully corroborated the statement
made by the victim/deceased but later father
was again examined making statement of
accidental fire, his earlier Fardbeyan was also
shown even collected, supervision was made by
2
the Superintendent of Police under the
direction of D.I.G. creates doubt on the act of
Police Department at higher level also.
Negligence on part of the Doctor at Hospital is
also there for having no proper care of
injured, two types of violence are on person of
the victim/deceased as per her statement that
she was raped and thereafter set on fire
disbelieving the same will be third injury to
her after her death.
Hence, prayer for anticipatory bail on
behalf of petitioner is rejected.
AI ( Mandhata Singh, J.)