Sheo Nath Sinha v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.940 of 2017 Arising Out of PS. Case No.-167 Year-2017 Thana- PATRAKARNAGAR District- Patna ====================================================== Sheo Nath Sinha, Son of Late Ram Ayodhya Singh, Resident of G- 18 -A, Vijay Nagar, Hanuman Nagar, P.S. Patrakar Nagar, Kankerbagh, Patna800020. ... ... Petitioner
Versus
1. The State of Bihar.
2. Director General of Police, Bihar, Patna.
3. Inspector General of Police, Patna Zone, Patna.
4. Senior Superintendent of Police, Patna.
5. Officer-in-Charge, Patrakar Nagar Police Station, Hanuman Nagar, Kankarbagh, Patna.
... ... Respondents ====================================================== Criminal Writ Jurisdiction Case No. 862 of 2017 ====================================================== Upendra Kumar, son of Late Ram Iqbal Singh, Resident of LIG-9/309, Hanuman Nagar, P.S.-Patrakar Nagar, District- Patna. ... ... Petitioner
Versus
The State Of Bihar Through The Home Secretary, Government Of Bihar, Bihar, Patna & Ors ... ... Respondents ====================================================== Appearance :
(In Cr.W.J.C.No.940/2017) For the Petitioner/s :
Mr. Rajan Ghoshrave, Advocate For the Respondent/s :
Mr. PARTHA SARTHI (GA4) Mr. Apurva Kumar, AC to GA-4 (In Cr.W.J.C.No.862/2017) For the Petitioner/s :
Mr. Anil Kumar, Advocate For the Respondent/s :
Mr. Sheo Shankar Prasad, SC-8 Mr. Anil Kumar, AC to SC-8 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) Date : 03-08-2017
Patna High Court Cr. WJC No.940 of 2017 dt.03-08-2017 2/3 Heard learned counsel for the petitioners and the State. The Senior Superintendent of Police, Patna, Officer-incharge of Patrakar Nagar Police Station and the Investigating Officer of the case concerned are present.
The Senior Superintendent of Police, Patna assures us that no stone will be left unturned for recovery of the girl. However, during the hearing, it has come up that there is some missing link in the investigation. The Senior Superintendent of Police, Officer-in-charge and the Investigating Officer assured us that every concerned person would be interrogated and steps would be taken for recovery of the girl. The Superintendent of Police also informs that Special Investigation Team headed by the City S.P. has been constituted for the said purpose. Learned counsel appearing for the petitioner in Cr.W.J.C.No.940/2017 also assures us that if the girl appears and accepts the marriage with the boy who is in custody, then, since she is major, he will not force her not to live with him or he will not force her to marry any other person. In above view of the matter, we direct the police authorities to make proper investigation especially the missing link in the investigation which has come up during the course of hearing but the same is deliberately not being stated as that may
Patna High Court Cr. WJC No.940 of 2017 dt.03-08-2017 3/3 prejudice the investigation. However, that should be taken care of by the Special Investigation Team.
Upon the undertaking of the Senior Superintendent of Police, Patna that every effort would be made to recover the girl after making proper investigation, these writ petitions stand disposed of with a liberty to the petitioners to approach the competent authority again if such situation arises in future. The personal appearance of the the Senior Superintendent of Police, Patna is dispensed with.
However, it is made clear that our observations will not prejudice any competent court in passing any order in any matter in accordance with law.
(Dr. Ravi Ranjan, J) ( S. Kumar, J) V.K.Pandey/- AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 07.08.2017 Transmission Date N.A.