Deepu Gupta @ Deepu Kumar @ Dipu Kumar v. The State Of Bihar Through The Secretary, Department Of Home, Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1136 of 2026 Arising Out of PS. Case No.-259 Year-2017 Thana- KADAMKUAN District- Patna ====================================================== Deepu Gupta @ Deepu Kumar @ Dipu Kumar Son of Late Ashok Gupta @ Ashok Das Resident of Ward Number 31 Gali Gandhi Nagar, Near Durga Mandir, P.S.- Town, Distt.- Begusarai.

... ... Petitioner

Versus

1.

The State of Bihar through the Secretary, Department of Home, Govt. of Bihar, Patna 2.

Director General of Police, Bihar, Patna 3.

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

Senior Superintendent of Police, Patna, Bihar 5.

S.H.O., Kadam Kuan Police Station, Patna 6.

Unique Indentification Authority of India through its CEO, Bangla Sahib Road, Behind Kali Mandir, Gole Market, New Delhi 7.

Kanchan Mala Gupta Wife of Chanchal Gupta Resident of village Narsingh Garh, P.S.- Dhalmungar, Distt.- East Singhbhum, Jharkhand. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Deepak Kumar, Advocate For the State :

Mr. Anjaneya Singh, AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE KUMAR MANISH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 15-06-2026 The petitioner has chosen to prefer this writ application with a prayer for issuance of a writ in the nature of Habeas Corpus. Direction has been sought to produce the victim, Rakhi Gupta who is said to be missing since 19.06.2017. The petitioner suspects that she has been concealed somewhere in connivance with the respondent no. 7 and her family.

2. From the narration of facts present in the writ

2/4 application, it appears that the marriage between the petitioner and the victim was solemnized as back as on 15.07.2013 whereafter they were blessed with a daughter. It further appears on going through the averments made in the writ application that the victim lady got disappeared and thereafter, it is alleged that respondent no. 7 and her husband started demanding a sum of Rs. Ten Lakhs from the petitioner. Several allegations have been made in the writ application which we consider not relevant to be taken into account for purpose of deciding and disposing of the present writ application. It is suffice to note that the petitioner filed a complaint against respondent no. 7 which was not registered, however, a complaint at the instance of the victim's mother was registered giving rise to FIR under Sections 498(A) and 364 of the Indian Penal Code against the petitioner.

3. From the tone and tenure of the averments in the writ application, it appears that the petitioner is aggrieved by lodgment of the First Information Report against him by respondent no. 7. In connection with the said case, the petitioner was arrested also.

4. The petitioner earlier approached this Court in CrWJC No. 1594 of 2017 which was disposed of vide order dated 06.09.2017 (Annexure 'P/3') with a direction to the police

3/4 to make all the efforts for recovery of the girl and to find out as to what happened to her. These subsequent developments as revealed in paragraph '11' of the writ application would show that after passing of the order by the learned Writ Court, the petitioner has been chargesheeted on 20.09.2017 in connection with the FIR lodged against him by Respondent No. 7. The subsequent paragraphs in the writ application deal with the developments which have been placed in connection with the said case.

5. It further appears that the petitioner preferred another criminal writ petition being CrWJC No. 2591 of 2017. The said writ application was also disposed of with the same directions as were present in the earlier writ application. Order of this Court has been brought on record as Annexure 'P/5' to the writ application. A perusal of Annexure 'P/5' to the writ application would show that the Hon'ble Division Bench while dealing with the writ application preferred by the petitioner has recorded that the Bench was not inclined to pass any further direction in the matter.

6. The petitioner did not rest there. After framing of charge in the case lodged by the victim's mother, the trial has further proceeded. The averments in the writ application would

4/4 show that most of the paragraphs in the writ petition are devoted to the developments which have taken place in course of trial. Petitioner has also brought to the notice of this Court the deposition of the witnesses in the said trial. We are not concerned with such depositions in the present writ application.

7. In our considered opinion, the repeated filing of the criminal writ petitions before this Court is only an abuse of the process of the Court. The writ application is totally misconceived and misdirected.

8. We dismiss the writ application with a cost of Rs.2,000/- (Rupees Two Thousand) which will be deposited by the petitioner with the Patna High Court Legal Services Committee within four weeks from today.

(Rajeev Ranjan Prasad, J) (Kumar Manish, J) lekhi/-Ritwika/- U