- (1.) The instant petition under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioners in a private complaint No.145/2010 dated 03.09.2010 titled Jagbir Singh vs. Sunita and another under Sections 306/34 IPC, pending in the Court of learned Judicial Magistrate Ist Class, Panipat, wherein the petitioners have been summoned.
(2.) Brief facts of the case are that on 10.05.2010 the son of the complainant aged about 11 years, after taking bath and meals, had gone to Government Primary School, Nangal Kheri, District Panipat, for his studies. The complainant as usual went to perform his duties. But his children i.e. Ajay and Ritu did not reach their house from school. Sheela Devi, wife of the complainant, being worried on their non-arrival, went to the school. Then the Headmistress of the school after getting telephone number from the wife of the complainant, talked to the complainant and said that his son had suffered injuries and he should immediately reach the school. After sometime, complainant reached the school where he saw police vehicle, ambulance and vehicle of the DEO.
(3.) The complainant saw that his son was standing along a tree having noose of chunni around his neck and his feet were touching the ground. The police and the Headmistress did not permit the complainant to go near his son and he was made to sit in the verandah of the school. At that point of time both the petitioners, DEO and other persons were present at the school. DEO placed under suspension both the petitioners with immediate effect on the ground that Sunita Devi petitioner No.1 had badly beaten Ajay deceased aged less than 12 years with slaps, fists and kicks and at that time Ajay went out of the class stealthily and hanged himself with the help of a chunni with the tree standing in the school premises. The allegation in the FIR is that officials were whispering with the police and after sometime police called the complainant and enquired whether the deceased was his son. Thereafter, allegedly the signatures of the complainant were taken on papers and body of Ajay was sent to hospital. In the post-mortem report it was found that he died due to hanging and a case was accordingly registered.;