IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41519 of 2010 OM PRAKASH SINGH Versus STATE OF BIHAR ----------- 03. 16.03.2011. Heard. The background of the incident is land dispute between the present petitioner and the informant, who is the nephew of the informant. It is alleged that the petitioner on the pretext of seeking the deceased Nilam Kumari to help out his wife who was in a condition of distress, took her away under the promise that he will send her back in a week. That was never to happen. What happened was that the dead body of the deceased was found concealed in the tank of a lavatory and a report was made by the Chaukidar of the village, quite away from the village of the petitioner and the informant, and it was found that the lady had been murdered and her dead body consigned to the tank of the lavatory. Besides the parents of the deceased, some more witnesses have come out to make statement in support of the fact that the petitioner had taken away the deceased and thereafter what was found was 2 only the dead body of hers consigned into the tank of the lavatory. The contention was that the written report indicates that the petitioner was apprehended by the villagers when he had come to his house for taking away his mother so as to finally abscond and was handed over to the officer-in-charge of the police station on 25.2.2010 but, the police has recorded in the case diary that the present petitioner was arrested on 27.2.2010 and was not handed over by any of the villagers. On this score, it was contended that the whole FIR is a fabricated document and as such the case smacks of grave doubt. The written report makes a clear averment that the villagers had caught the petitioner and handed him over to the officer-in-charge after informing him. The case diary does indicate that the petitioner was arrested on 27.2.2010 by the police. This could be a matter to be enquired into by the Superintendent of Police, Vaishali at Hajipur as to under what circumstances this statement has appeared in the written report and what was the circumstance that in a case of being 3 handed over to the police, the petitioner has been shown arrested on 27.2.2010. As regards the prayer for bail, considering the background of enmity, which is the motive for the offence, and the clear allegation that the petitioner duped the parents of the deceased on a false pretext to take away the deceased, whereafter only her dead body was found, the prayer is dismissed. Let a copy of this order be sent to the Director General of Police, Bihar, Patna with a direction to get an enquiry made into the allegation of handing over the apprehended accused to the officer-in-charge and the police action showing arrest on 27.2.2010 with a report about the action taken to this Court. B.Kr. ( Dharnidhar Jha,J.)