Soni Kumari @ Soni Devi v. The State Of Bihar Through The Principal Secretary-Cum-Comissioner, Dept Of Home, Govt. Of Bihar, P

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.21 of 2015 =========================================================== Soni Kumari @ Soni Devi, Wife of Manmohan Yadav, D/o Mahesh Kumar, at present resident of Ashochak, Nandlal Chhapra, P.S-Ram Krishna Nagar, Town and Distt.-Patna .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary-cum-Commissioner, Deptt. of Home, Govt. of Bihar, Patna

2. The Senior Superintendent of Police, Patna

3. The City Superintendent of Police, Patna

4. The Officer-in-Charge, Ram Krishna Nagar Police Station, Town and Distt.- Patna

5. Shri Bhola Chaudhary, Investigation Officer-Cum-Sub Inspector, Ramkrishna Nagar P.S. Case No.216/2013, Ram Krishna Nagar Police Station, Town and Distt.- Patna .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Madhu Prasun, Advocate For the Respondent/s : Mr. Ajay, GA-12 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 06-08-2015 The petitioner is the informant of Ram Krishna Nagar P.S. Case No. 216 of 2013 registered, inter alia, under Section 498-A of the Indian Penal Code as well Section 3 & 4 of the Dowry Prohibition Act.

By filing this application under Articles 226 and 227 of the Constitution of India, she seeks a direction to be issued to the

Patna High Court Cr. WJC No.21 of 2015 dt.06-08-2015 2 / 2 respondents to arrest the accused Manmohan Yadav, her husband, who has been made named accused in the FIR.

In my view, the present application is misconceived. Admittedly, the case is still under investigation. Section 41 of the Code of Criminal Procedure gives discretion to the police officer who may without an order of a Magistrate or even without a warrant, arrest any accused in the situation enumerated in that section. It is open to the investigating agency in course of investigation to arrest any person who is wanted in connection with any cognizable offence or against whom reasonable complaint or credible information has been received. However, at the stage of investigation, it would not be proper for this Court to make any direction to arrest an accused named in the FIR. There may be a case of false implication. For this purpose, a duty is cast upon the police to investigate the case after registration of the FIR and find out the truth. For the reasons recorded hereinabove, I am not inclined to accede to the request made by the learned counsel for the petitioner. Accordingly, the application is dismissed. (Ashwani Kumar Singh, J.) Sanjeet/- U T