Shilpi Devi v. The State Of Bihar Through Principal Secretary, Home Government Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.559 of 2023 Arising Out of PS. Case No.-470 Year-2022 Thana- NAANPUR District- Sitamarhi ====================================================== Shilpi Devi W/O Manishankar Kumar Singh R/O Village- Budhnagra Deudhi, P.S- Nanpur, District- Sitamarhi, Bihar-843318 ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Home Government of Bihar Old Secretariat, Patna.

2.

Department Of Home, Government Of Bihar Through Its Principal Secretary Old Secretariat, Patna.

3.

The Director Genereal Of Police Police Hq, Patel Bhawan, Patna, Bihar. 4.

The Inspector General Of Police, Tirhut Range Muzaffarpur, Bihar. 5.

The Superintendent Of Police, Sitamarhi 6.

The District Magistrate, Sitamarhi 7.

The Deputy Superintendent Of Police, Pupri, Sitamarhi 8.

The Police Station In Charge, Nanpur P.S Nanpur P.S, Sitamarhi. 9.

The Investigation Officer Cum Assistant Sub-Inspector, Ajeet Kumar Of Nanpur Police Station Nanpur P.S, Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Niraj Kumar, Adv.

For the Respondent/s :

Mr. Md. Nadim Seraj, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-03-2023 Learned counsel for the petitioner and learned counsel for the State present.

Counsel for the petitioner submits that the recovery of petitioner's daughter took place, therefore, he is not pressing for relief no. (i) of the criminal writ petition. Due to non-pressing of said relief, petitioner's case has confined only on 2 relief(s) i.e. change of Investigating

Patna High Court CR. WJC No.559 of 2023(2) dt.28-03-2023 2/3 Officer and for proper investigation may be directed as the present I.O. has negatively investigating in this case. Counsel submits that upon recovery, the victim is in Balika Sudhar Grih. As per his information, the statement of Section 164 of Cr.P.C. has not taken place as yet and no action has been taken place against the accused persons, due to the reason that the I.O. is in connivance with the accused persons. Counsel also submits that the anticipatory bail of the petitioner relating to Naanpur P.S. Case No. 470 of 2022 have been rejected at the level of Trial Court.

Counsel for the State submits that the petitioner may be directed to represent herself before the Superintendent of Police, Sitamarhi, in the light of the order passed in Surendra Singh Vs. The State of Bihar & Ors. in Cr. WJC. No. 153 of 2017 with analogous cases decide on 09.09.2022 for all her grievances.

After going through the contents of the F.I.R. and hearing the parties, this Court is of the view that petitioner shall represent herself with her grievances raised in the criminal writ petition and with other grievances if any, which has been developed during the pendency of the case, before the Superintendent of Police, Sitamarhi within four weeks' from

Patna High Court CR. WJC No.559 of 2023(2) dt.28-03-2023 3/3 today and the Superintendent of Police, Sitamarhi shall take necessary action in accordance with the order passed in Surendra Singh Vs. The State of Bihar & Ors. in Cr. WJC. No. 153 of 2017 and analogous cases decide on 09.09.2022, including the change of Investigating Officer in this case within six weeks'.

Accordingly, the present criminal writ application stands disposed off.

(Dr. Anshuman, J.) sadique/- U T