Binod Mahto v. The State Of Bihar Through Chief Secretary, Govt. Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.200 of 2019 Arising Out of PS. Case No.-191 Year-2018 Thana- BHAGWANPUR District- Begusarai ====================================================== BINOD MAHTO, son of Rajendra Mahto R/O Village- Jairampur, P.S.- Bhagwanpur, Distt.- Begusarai.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR THROUGH CHIEF SECRETARY, GOVT. OF BIHAR 2.

The Director General of Police, Bihar, Patna 3.

The Dy. Inspector General of Police, Munger 4.

The Superintendent of Police, Begusarai 5.

The Officer-In-Charge, Teghra Police Station- Begusarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Prabhu Narayan Sharma, A.C. to A.G.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 29-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner has prayed for the following relief:- "For passing necessary order/direction as nature of the

Patna High Court CR. WJC No.200 of 2019(6) dt.29-11-2019 2/3 case may require commanding the respondent authorities to do the needful by way of making recovery of the minor daughter of the petitioner by issuing writ of mandamus as the victim daughter is missing from the last about four months for the reason best known to it."

In Paragraphs 4 to 6 of the counter affidavit, the respondent State has averred as under:- "4. That the writ petitioner invoked writ jurisdiction for directing the respondent authorities to do needful by way of making recovery of his minor daughter.

5. That so far relief as prayed by the petitioner in writ petition is concerned it is respectfully submitted that victim girl has been recovered on 18.07.2019 (Para no. 175 case Diary) and get her statement recorded under Section 164 Cr.P.C. in the court (Para No. 183 case Diary) by the Investigating Officer and submitted case Diary.

6. That thereafter the Superintendent of Police, Begusarai issued report-4 vide memo no. 10134/Cr. Dated 30.08.2019 whereby the Investigating Officer was directed to submit chargesheet in the Court against the accused person." As such, in view of the intervening development, present petition has become infructuous.

Patna High Court CR. WJC No.200 of 2019(6) dt.29-11-2019 3/3 The present petition is accordingly dismissed as infructuous leaving it open for the parties, if so aggrieved, to seek appropriate remedy in accordance with law. (Sanjay Karol, CJ) (Anil Kumar Upadhyay, J) P.K.P./- U