Sabnam Parvin v. The State Of Bihar Through The Director General Of Police Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.672 of 2022 Arising Out of PS. Case No.-452 Year-2018 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== SABNAM PARVIN W/o Md. Naseer Resident of Mohalla- Pankha Toli, P.S.- Kazi Mohammadpur, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Director General of Police Bihar, Patna. Bihar 2.

The Inspector General, Muzaffarpur. Bihar 3.

The Superintendent of Police, Muzaffarpur. Bihar 4.

The Officer- in Charge, Kazi Mohammadpur, Police Station, Muzaffarpur. Bihar 5.

Noor Alam S/o Md. Alam Resient of Mohalla Pankha Toli, P.S.- Kazi Mohammadpur, District- Muzaffarpur.

6.

Raja @ Tanjeeh Alam S/o Md. Mahmood Alam, Resident of Mohalla Pankha Toli, P.S.- Kazi Mohammadpur, District- Muzaffarpur. 7.

Mahtab @ Mahtab Alam S/o Mahmood Alam Resident of Mohalla Pankha Toli, P.S.- Kazi Mohammadpur, District- Muzaffarpur. 8.

Chhotu @ Saif S/o Noor Alam Resident of Mohalla Pankha Toli, P.S.- Kazi Mohammadpur, District- Muzaffarpur.

9.

Md. Mahtab Alam, Resident of Mohalla Pankha Toli, P.S.- Kazi Mohammadpur, District- Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sriram Krishan, Advocate Mr.Abhijeet Gautam, Advocate Mr.Prabhat Kr. Singh, Advocate For the Respondent/s :

Mr.Ajay Kumar, AC to GP 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 18-03-2024 The instant writ petition is filed by the unfortunate informant for direction upon the State/Respondents to conclude investigation of Kazi Mohammadpur P.S. Case No. 452 of 2018 to its logical end.

2. It is submitted by the learned Advocate for the

Patna High Court CR. WJC No.672 of 2022(5) dt.18-03-2024 2/3 petitioner that the aforesaid Kazi Mohammadpur P.S. Case No. 452 of 2018 was registered on 25th of October, 2018 under Sections 341, 323, 366, 379, 504 and 34 of the IPC. The brother of the informant was abducted in the year 2018. Till date he is untraceable. Police did not take any steps for the recovery of the brother of the informant.

3. On the contrary, the accused persons moved this Court for anticipatory bail and their prayer for bail was rejected. They are freely moving around but police do not find them.

4. The learned Advocate for the State submits that a counter affidavit has been filed by the Add. Superintendent of Police, Muzaffurpur, wherein it is stated that the Investigating Agency has located the accused persons and for their apprehension, a warrant of arrest has been issued. It is also stated that the police conducted raids to apprehend the accused.

5. This Court does not know as to how the accused persons would be apprehended. However, the concern of the Court is that during the last six years of investigation, police failed to apprehend even a single accused in the case. The conduct of the Police Authority in the matter of investigation is absolutely lackadaisical, if not unfortunate, and callous.

6. Under such circumstances, the Investigating

Patna High Court CR. WJC No.672 of 2022(5) dt.18-03-2024 3/3 Authority is directed to bring the investigation of this case to a logical end within 6 months from the date of communication of this order for proper investigation. It is directed that the Superintendent of Police, Muzaffurpur, shall pursue the progress of the investigation during the aforesaid period and investigation must end to its logical conclusion during the period of six months.

7. With the above order, the instant writ petition is disposed of and the informant is at liberty to mention this matter if the process of investigation is not concluded within the period stipulated by this Court.

(Bibek Chaudhuri, J) uttam/- U