Dharmendra Kumar v. The State Of Bihar, Through The Chief Secretary, Govt. Of Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.145 of 2023 Arising Out of PS. Case No.-477 Year-2022 Thana- KHUSRUPUR District- Patna ====================================================== DHARMENDRA KUMAR S/o Akhileshwar Singh R/o Village- Nuruddinpur, P.S.- Khushrupur, Distt- Patna.

... ... Petitioner

Versus

1.

The State of Bihar, through the Chief Secretary, Govt. of Bihar, Patna. Bihar 2.

The Additional Chief Secretary, Home, Govt. of Bihar, Patna. Bihar 3.

The Secretary, Home, Government of Bihar at Patna. Bihar 4.

The Director General of Police, Bihar at Patna. Bihar 5.

The Collector, District Patna at Patna Bihar 6.

The Superintendent of Police at Patna. Bihar 7.

The Station House Officer, Khushrupur, Distt- Patna. Bihar 8.

Samarjeet Singh S/o Tuntun Singh R/o Village- Bariyarpur, P.S.- Rajapakar, Distt- Vaishali.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Hridayal Kumar, Advocate For the Respondent/s :

Mr. Lalit Kishore (A.G) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 06-02-2023 Heard.

The present Cr. Writ Application is being filed on behalf of the petitioner for following reliefs: (i) For issuance of an writ of Habeus Corpus to produce the petitioner's youngest sister namely Gudiya Kumari before the Hon'ble Court who has been kidnapped on 15.11.2022 by her own brother-in-law (Bahnoi) namely Samarjeet Singh aged about

Patna High Court CR. WJC No.145 of 2023(2) dt.06-02-2023 2/2 35 years, R/o- Village- Bariyarpur, P.S.- Rajapakar, District- Vaishali, Mob. No.

9653113396 and from 15 Nov. 2022 to till date the petitioner's youngest sister is traceless and due to this, the petitioner suspects that his sister has been eliminated. (ii) For issuance of any other writ/writs, order/orders, direction/directions for which the petitioner may be found entitled to the aforesaid facts and circumstances of the present case". Taking into account the facts and circumstances of the case, the petitioner is directed to file an application under Section-98 of the Code of Criminal Procedure, 1973 (hereinafter Cr.P.C.) before the District Magistrate who shall pass a reasoned order within a period of four weeks from the date of filing of such application.

With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) ( Alok Kumar Pandey, J) A.K.V.//- U T