The single-judge High Court Bench rejected the bail application of Nilopher, an accused teacher. Considering allegations of torture and the deceased daughter of an informant committing suicide, the Court found the petitioner played a primary role and denied bail.
Prayer for bail of the petitioner rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 3602 of 2019
| Nilopher |
.... Petitioner Versus |
|---|---|
| The State of Jharkha | nd & another … Opposite Parties --- |
| CORAM**:**HON’BLE | MR. JUSTICE RONGON MUKHOPADHYAY --- |
| For the Petitioner | : Mr. A. K. Chaturvedi, Advocate |
| For the State | : A.P.P. |
| For the O.P. No. 2 | : Mr. N. K. Sahani, Advocate --- |
| Order No. 09 | Dated 19thSeptember, 2019 |
Heard learned counsel appearing for the petitioner, the learned APP appearing for the State and the learned counsel for the opposite party No. 2. Petitioner is an accused in connection with Chandankiyari P.S. Case No. 67 of 2018, pending before the Court of learned Chief Judicial Magistrate, Bokaro.
It has been alleged that the informant was informed by the petitioner that his daughter is hanging from a ceiling fan. His niece informed that the petitioner and Rina Madam used to torture Rukhsar (deceased). A hot exchange of words had taken place between the warden and the teachers. The deceased was reprimanded and she was threatened of being ousted from the school.
It has been stated that the petitioner is a teacher of Social Science in Kasturba Gandhi Balika Residential School, Chandankiyari. The allegations are vague as not a single date was even mentioned on which torture was meted out to the deceased. The petitioner is a teacher of Social Science and the main allegation is against Warden. It has also been submitted that Rs. 50,000/- has already been deposited before the learned court below. Learned counsel submits that the petitioner is in custody since 31.01.2019.
Learned counsel for the opposite party No. 2 has referred to Para-41, 79, 80 and 81 of the case diary and submitted that the Executive Magistrate in course of enquiry has found the complicity of the petitioner and the other teachers and guard of the School have also stated about torture meted out to the deceased.
It appears that an enquiry was conducted by the Executive Magistrate and his report finds place in Para-41 of the case diary in which various
allegations have been levelled against the teacher and warden. Para-79 and 80 of the case diary contains the statement of Janki Kumari and Sunita Kumari who are both teachers and they had specifically stated that the deceased was subjected to trauma on account of torture meted out by the petitioner as well as Rina Madam and the statement of the security guard finds place at Para-81 of the case diary, who has reiterated the aforesaid fact.
In view of the evidence which has been collected in course of the inviestigation, it appears that the petitioner has played a primary role in committing the offence which led to the daughter of the informant committing suicide.
In such view of the matter, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is hereby rejected
(RONGON MUKHOPADHYAY,J.)
MK
2 issues framed by the court
Whether bail should be granted to the petitioner accused in a case involving torture and death of a minor.
Whether evidence collected by Executive Magistrate establishes the petitioner's complicity in the offence.
Nilopher
The State of Jharkhand
Another Opposite Party
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
