Ram Kishore Saw v. The State Of Bihar Through The Principal Sectt., Home Deptt., Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.292 of 2020 Arising Out of PS. Case No.-97 Year-2017 Thana- BHADAUR District- Patna ====================================================== Ram Kishore Saw, Son of Ramvriksh Saw, Resident of Village-Maya Bigha, P.S-Bhadour, District-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through The Principal Secretary, Home Department, Govenment of Bihar, Patna.

2.

Principal Secretary, Home Department,Govt. of Bihar, Patna. 3.

Inspector General of Police, Central Range, Patna. 4.

Deputy Inspector General of Police, Central Range, Patna. 5.

Senior Superintendent of Police, Patna.

6.

Superintendent of Police, Rural, Patna.

7.

Sub Divisional Magistrate, Barh, Patna.

8.

Sub Division Police Officer, Barh, Patna.

9.

Station House Officer, Bhadour Police Station, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Lal Babu Singh, Advocate For the S t a t e :

Mr. Pawan Kumar, A.C. to A.G.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 20-07-2022 Today, petitioner's counsel as well as learned State Counsel are present.

The writ petition has been filed for grant of the following reliefs:

"(i) Issuance of a direction, order or writ including writ in the nature of habeas corpus commanding the concerned respondent authorities under the State Government to produce/recover the abducted

Patna High Court CR. WJC No.292 of 2020(4) dt.20-07-2022 2/3 person namely Pooja Kumari for which an F.I.R. bearing Bhadour P.S. Case No.97/2017 dated 24/12/2017 has been registered;

(ii) Issuance of a direction, order or writ including writ in the nature of mandamus commanding the concerned respondent authorities under the State Government to take steps against the accused persons named in the aforementioned case for the ends of justice;

(iii) Any other relief or reliefs that the petitioner may be found to be entitled to in the facts and circumstances of the present case."

There is a specific averment in the counter affidavit filed by the Senior Superintendent of Police, Patna, that the petitioner's wife was recovered by the police on 26.06.2018. Her statement was recorded under Section 164 of the Cr.P.C. and she was also examined medically. The petitioner's wife, as per her free-will, has expressed her desire and proceeded to her parental house after giving an undertaking before the learned Judicial Magistrate on 26.06.2018. Investigation in Bhadour P.S. Case No.97 of 2017, lodged by the petitioner, has concluded with a finding "mistake of facts" and Final Form No. 70 of 2018 dated 11.10.2018 has accordingly been submitted. Averments made in the counter affidavit have not been rejoined by filing any reply. Petitioner's counsel, however, submits that the petitioner still has some grievances remaining in respect of the manner in which police proceeded with the

Patna High Court CR. WJC No.292 of 2020(4) dt.20-07-2022 3/3 investigation.

Reliefs claimed in the instant writ petition therefore have become infructuous.

With liberty to avail remedy in respect of any other grievance that the petitioner may have, the writ application is disposed of.

(Sanjay Karol, CJ) (Madhuresh Prasad, J) PNM U T