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'Body Cremated In Absence Of Parents, No Arrest': Patna High Court Orders Inquiry Into 'Flimsy Investigation' In Honor Killing Case

Shivang

14 March 2022 4:32 AM GMT

    • Body Cremated In Absence Of Parents, No Arrest: Patna High Court Orders Inquiry Into Flimsy Investigation In Honor Killing Case

    The Patna High Court has ordered an enquiry, to be conducted by the Additional Director General of Police, into the "casual" and "flimsy" investigation conducted by the Police in an honour killing case, whereby a young boy was allegedly hung to death.The bench of Justice Sanjeev Prakash Sharma noted that the body of the boy was cremated without the presence of his mother and father. Further,...

    The Patna High Court has ordered an enquiry, to be conducted by the Additional Director General of Police, into the "casual" and "flimsy" investigation conducted by the Police in an honour killing case, whereby a young boy was allegedly hung to death.

    The bench of Justice Sanjeev Prakash Sharma noted that the body of the boy was cremated without the presence of his mother and father. Further, the Investigating Officer had also in his affidavit admitted that it appeared to be a case of honour killing. Yet, no steps were taken to catch the criminals.

    Rather, the Court noted that the Station House Officer, the Superintendent of Police and the Deputy Superintendent of Police had shown "casualness" in submitting Final Report in negative form.
    "From the affidavit, this Court is satisfied that the Investigating Officer has not conducted the investigation properly and he was not arrested the accused named in the FIR...The matter is of serious nature," the Court said.
    It thus directed that an enquiry be conducted by an officer of the rank of Additional Director General of Police, Bihar Patna with regard to the flimsy investigation in relation to the case and also submit a report to Court with regard to the action proposed to be taken against the concerned delinquents.

    The report is sought within 3 weeks.

    The development ensued in application filed by the accused seeking anticipatory bail. He has been booked by the Police for alleged commission of offences punishable under Sections 302 (Murder), 201 (Causing disappearance of evidence of offence, or giving false information to screen offender), 34 of the Indian Penal Code. 
    "Taking into consideration the statement of the mother of the deceased as well as the contents in the FIR and the order passed by the Court below, it cannot be said that the petitioner is not involved," the Court remarked at the outset.
    Thus, in the facts and circumstances of the case, it denied pre-arrest bail.
    Case Title: Umesh Kumar vs The State Of Bihar
    Citation: 2022 LiveLaw (Pat) 7

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    Tags
    Patna High CourtJustice Sanjeev Prakash SharmaInvestigating officerShoddy InvestigationPolice officerHonour KillingBihar DGP
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