Ashok Ray v. The State Of Bihar, Through The Home Secretary, Govt, Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.693 of 2023 Arising Out of PS. Case No.-916 Year-2022 Thana- PATLIPUTRA District- Patna ====================================================== ASHOK RAY SON OF LATE YOGENDRA RAY Resident of village - Marachi Khurd, P.S. - Bachwara, Distt. - Begusarai ... ... Petitioner/s

Versus

1.

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

The Director General of Police, Bihar, Patna Bihar 3.

The Senior Superintendent of Police, Patna Bihar 4.

The Superintendent of Police, Patna Bihar 5.

The Deputy Superintendent of Police, Kotwali Police Station, Patna Bihar 6.

The Station House Officer, Patliputra Police Station, Patna Bihar 7.

ABHINASH KUMAR SON OF MANOHAR MAHTO Resident of village - Ramgama Kamal Balwadih, P.S. - Shahpur Patori, Distt. - Samastipur 8.

MANOHAR MAHTO NOT KNOWN Resident of village - Ramgama Kamal Balwadih, P.S. - Shahpur Patori, Distt. - Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Kumar Sinha, Adv For the Respondent/s :

Mr.P K Shahi (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 11-05-2023 The present writ application has been filed for issuance of a writ in the nature of habeas corpus for producing the minor daughter of the petitioner which according to the petitioner has been kidnapped by respondent nos. 7 and 8. Our attention has been drawn to the FIR, which has been registered on 29.12.2022 giving rise to Pataliputra P.S Case

Patna High Court CR. WJC No.693 of 2023(2) dt.11-05-2023 2/2 No. 916 of 2022, in which respondent nos. 7 and 8 have been made accused apparently on the basis of suspicion, as disclosed in the written information of the petitioner. In our considered view, the present writ application seeking issuance of writ in the nature of habeas corpus is misconceived and is, accordingly, dismissed.

However, since it is the case of the petitioner that the victim is a minor in respect of which a case has been lodged, the Court expects that the investigating agency shall take up the investigation with all sincerity and bring the investigation to a logical end.

(Chakradhari Sharan Singh, J) ( Rajiv Roy, J) ranjan/raviU