The main legal point established in the judgment is the mandatory nature of recording an FIR when information discloses a cognizable offence, as per Section 154(1) of the Cr.P.C, and the duty of the police to conduct investigations in accordance with the law, as established in Lalita Kumari Vrs. Government of Uttar Pradesh And Others.

This petition for grant of bail has been filed in respect of Manubazar Police Station Case No.019 of 2015 registered against the petitioner under Section 498(A) and 306 of the Indian Penal Code, (IPC).

2. The undisputed facts are that Rimali Tripura wife of the petitioner Jatindra Tripura committed suicide on 17th June, 2015. The father of the deceased Shri Fatish Chandra Tripura immediately informed the Police Station about this occurrence. On receipt of such information UD Case No.07 of 2015 was registered under Section 174 of the Cr.P.C.

3. On 01.07.2015, the father of the petitioner sent a written complaint through post to the Officer-in-Charge of the Manubazar Police Station and thereafter, investigation under Section 157 of the Cr.P.C was commenced. However, no FIR was registered. An entry in this regard was made at serial No.12 dated 07.7.2015 of the G.D Register only. On 07.7.2015, Shri Amal Debnarma, Assistant Sub-Inspector of Tripura Police, posted at the Manubazar Police Station, Suo/moto lodged the complaint in the Police Station which is P.S. Case No.19 of 2015 against the petitioner under Section 498(A) read with Section 306 of the I.P.C.

4. The case of the father of the victim is that his daughter was forced to commit suicide because of the harassment meted out to her by her husband (petitioner herein). The petitioner was arrested on 07th July 2015 and he has spent almost 4(four) weeks behind bars. The investigation is complete and no further investigation has to be carried out as far the as the petitioner is concerned.

5. The Apex Court has clearly held that in cases under 498(A) bail should normally be granted. In this case, there is an additional offence under Section 306 but at this stage it is difficult for this Court to decide whether the acts of cruelty are such that would forge the petitioner to commit suicide. Therefore, I am of the view that he should be enlarged on bail.

6. Before parting with the case, I am constrained to observe that this is another case where the police has shown total lack of diligence and it is apparent that the Police Officials are not trained properly. I had called for the records of the case and I find that as per the record of the Police on 17.6.2015, information was given by Fatish Chandra Tripura, father of the deceased to the Police that his daughter had died an unnatural death by committing suicide. A case of unnatural death under Section 174 Cr.P.C. was registered in the Police Station and investigation was started.

7. It is, indeed, shocking that in a case of unnatural death of a young girl even the statement of her father or any other close relatives were not recorded by the Police Officer who was deputed to investigate the case. The Police itself lodged the report under Section 174 of the Cr.P.C. Whenever a person dies an unnatural death the police is required to carry out an investigation and draw up a report of the apparent causes of death. The report prepared under Section 174 is required to be sent to the District Magistrate or the Sub-Divisional Magistrate especially when the suicide is by a woman. The least that was expected was that the Officer-in-Charge of the Police post should have questioned the parents of the deceased to find out why the deceased committed suicide. I had called the Officer (Bishu Roy Debbarma) in Court and I am constrained to observe that the Officer did not even appear to understand the basic provisions of law.

8. Unfortunately, the matter does not end here. From the record it is absolutely clear that on 1st July, 2015 a written complaint sent by the father was received in the Police Station and entered at GD entry No.12 in the GD register. The said entry reads as follows :

“On 01-7-2015, received a written information from one Fatish Ch. Tripura, Son of Late Bhriguram Tripura of Kanalbari P.S MNB that about nine years back his daughter Rimali Tripura was married with one Jatindra Tripura, Son of Late Rama Chandra Tripura of Ram