Custodial Death Of Woman Apprehended At Midnight Without Warrant: Patna HC Denies Anticipatory Bail To Police Officer & Constables
The Patna High Court denied anticipatory bail to police officer and constables allegedly involved in the custodial death of a woman who was apprehended by the police at midnight.
The Bench stated that the police personnel were not entitled to the “privilege” of an anticipatory bail based on the serious allegations against them which were in line with the statement of the doctors who deposed as inquiry witnesses. The statements revealed that there were several ligature marks, fractures, and bruises all over the body of the deceased.
A Single Bench of Justice Rajeev Ranjan Prasad observed, “The allegations against the petitioner(s) are serious in nature, they being the Officer Incharge of the police station and the constables have allegedly apprehended the complainant and her mother in the mid-night after crossing over the wall of the house, brought them to police station and assaulted the mother of the complainant so brutally that in the post-mortem report, several injuries have been noticed by the Medical Board…this Court is of the considered opinion that the petitioner(s) do not deserve privilege of anticipatory bail.”
Advocate Arun Kumar represented the petitioner, while APP Ashok Kumar Singh appeared for the opposite parties.
The three constables and the Officer In-charge (petitioners) had filed for a pre-arrest bail after the magistrate had taken cognizance and directed the issuance of summons for offences punishable under Sections 342, 456, 323, 306, 304, 506, 504 and 34 of the IPC. Their prayer was rejected by the trial court.
As per the complaint, the accused officers forcefully entered the complainant’s house by climbing over the outer wall around midnight and apprehended the woman and her son without a warrant. It was alleged that there was no arrest memo which was submitted to the Magistrate, nor were the son or his mother produced before the Court.
The petitioners argued that the deceased had committed suicide while she was under their custody. They claimed that the woman died due to hanging, not due to strangulation and therefore, there was no scope of any foul play.
The grant of pre-arrest bail was opposed on the grounds that the case highlighted the “high handedness” of the police. Moreover, the post-mortem report of the deceased showed several anti-mortem injuries on her body.
The High Court, after reviewing the statements of the complainant, inquiry witnesses, and medical reports, stated that the accused officers did not deserve the privilege of an anticipatory bail.
“In the complaint case, in judicial side the learned Judicial Magistrate-Ist Class has already taken cognizance of the offences after finding a prima facie case and sufficient materials to proceed against the petitioners,” the Bench remarked.
Accordingly, the High Court dismissed the applications.
Cause Title: Ashok Kumar Chaudhary @ Ashok Chaudhary v. The State of Bihar & Anr.