In Dulari Devi vs. The State of Bihar & Ors. (2025), Patna High Court's bench Justices Rajeev Ranjan Prasad and Sourendra Pandey observed:"In the present case, however, the Public Prosecutor who conducted the case at Bhagalpur was not acting with due diligence and care. The records speak for themselves. No summon was issued to the other prosecution witnesses, no explanation came from the two police personnel who were charge-sheet witnesses, even Senior Superintendent of Police did not act on receipt of the letter from the court. In fact the FIR itself was registered after the informant made a complaint to the Dy.SP. he judicial conscience of this Court is totally disturbed on finding the kind of insensitiveness on the part of the investigating agency and the Public Prosecutor who were involved in this case. The trial court seems to have acted in haste in closing the prosecution evidence without taking care of it’s own order dated 08.11.2023 by which an explanation was called from the I.O. The Court had a duty to find out the truth and for this purpose the Presiding Officer of the trial court was required to exhaust all such procedures which were available to him in law to secure the presence of the witnesses. This Court is, therefore, of the considered opinion that the judgment of acquittal in this case, having been passed in haste is liable to be set aside."
The Court set aside the impugned judgment. It directed trial court to take steps to secure presence of the prosecution witnesses in accordance with law. It asked the Senior Superintendent of Police, Bhagalpur to ensure presence of the police officers who are charge-sheet witnesses of this case on the dates fixed in the matter. He drew on Supreme Court's decision in V.N. Patil vs. K. Niranjan Kumar reported in (2021) 3 SCC 661.
The bench directed Shravan Yadav, Haldhar Yadav, Kanki Devi, Lalan Yadav, Sunil Yadav, Sushil Yadav and Reeta Devi @Reena Devi, the respondent nos. 2 to 8 respectively to surrender in the trial court within four weeks from the date of the judgement. Since the respondent nos. 3 to 8 were on bail during trial, the trial court shall allow them to continue on bail. The respondent No. 2 was in custody at the time of delivery of impugned judgment, therefore, he would be taken into custody. The judgment of acquittal passed on February 1, 2024 by the Additional District & Sessions Judge-V, Bhagalpur in Sessions Trial of 2019 which arose out of Jagdishpur (Goradih) P.S. case of 2018 dated July 22, 2018 whereby and whereunder the trial court was pleased to acquit Respondent Nos. 2 to 8 of the charges under Sections 304(B)/34,302/34, 201/34 & 120B of the Indian Penal Code (IPC).
The prosecution case was based on the written application of the mother of the deceased (PW-2) addressed to the Deputy Inspector General of Police, Bhagalpur in which she stated that she had got her daughter married to Shravan Yadav, resident of Bhagalpur in the year 2012 and out of the wedlock, her daughter has got two children. After marriage, her daughter’s husband Shravan Yadav, father-in-law Haldhar Yadav, mother-inlaw Kanki Devi, devar Lalan Yadav and Sunil Yadav, Sushil Yadav and Reeta Devi were continuously torturing and beating her daughter for Rs one lakh and cow due to which her daughter used to come to her naihar many times to save her life. It was also alleged that six months ago, upon compromise with the husband of her daughter and her in-laws showing good faith, the informant allowed her daughter to go to her sasural and also gave two cows worth Rs.60,000/-, but again the in-laws started assaulting her daughter and harassed her. On July 22, 2018, the informant came to know that her daughter was murdered by her husband and inlaws, they concealed the dead body and ran away after locking their house. The informant alleged that she gave written complaint in Goradih Police Station but no action was taken.
The written application was sent to the Officer Incharge of Goradih Police Station to ensure proper action as per law. On being receipt of this written application, Jagdishpur (Goradih) P.S. case of 2018 dated August 2, 2018 registered for the offences under Sections 304B/201/34 IPC.
Justice Prasad's judgement dated May 9, 2025 reads: "A copy of this judgment be sent to the Director General of Police, Bihar. This Court requests the DGP, Bihar to consider taking appropriate action."
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