‘Body Cremation in the Absence of the Parents, No Arrest Made’: Patna High Court Orders Inquiry into ‘Flimsy’ Investigation

Tanya Gupta

Published on: March 14, 2022, at 14:26 IST

In the case of Umesh Kumar Vs State of Bihar, the Patna High Court ordered an Enquiry into the ‘Casual’ and ‘Flimsy’ Investigation, to be carried out by the Additional Director General of Police, whereby a Young Boy was allegedly Hung to Death in a case of Honour Killing.

It was noted by the Bench of Justice Sanjeev Prakash Sharma that in the Absence of the Boy’s Mother and Father, his Dead Body was Cremated.

Even after the Investigating officer admitted to being the case of Honour Killing no steps were taken to catch the Criminals.

The Court noted that the ‘Casualness’ was shown by the Station House Officer and the Superintendent in the Submission of Final Report in Negative Form.

The Court stated,

“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 directed an Enquiry to be conducted by the Rank of Additional Director General of Police, Bihar Patna in respect to this case.

The Court also directed to submit the Report with the proposed Actions to be taken against the Criminals Concerned within 3 Weeks.

The Accused has filed an Application seeking Anticipatory Bail.

The Police have booked him Under Sections 201 (Causing Disappearance of Evidence of Offence, or Giving False Information to Screen Offended), 302 (Murder), 34 of the Indian penal Code.

The Court opined,

“Taking into Consideration the Statement of the Mother of the Contents in the FIR and the Order passed by the Court below, it cannot be said that the Petitioner is not Involved.”

Thus, the Anticipatory Bail was Denied in light of the circumstances.

Also read:

Recent judgements of Anticipatory bail

What is the Responsibility of Government to protect its citizens? (Article-21)

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