Asha Devi v. The State Of Bihar Through Chief Secretary , Govt. Of Bihar, Patn

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.964 of 2023 Arising Out of PS. Case No.-430 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== Asha Devi Wife Of Tulsi Ram Resident Of Ward No. 02, Salempur, PsBachhawara, Distt- Begusarai ... ... Petitioner/s

Versus

1.

The State Of Bihar Through Chief Secretary , Govt. Of Bihar, Patn Bihar 2.

The D.I.G. Of Police, Begusarai, Range, Begusarai Bihar 3.

The Senior Superintendent Of Police, Begusarai Bihar 4.

S.H.O. Barauni (F.C.I.) Ps Begusarai Bihar 5.

Police Inspector Cum I.O. Barauni, Ps- Begusarai Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Hriday Prasad, Advocate Mr. Sanjiv Kumar, Advocate For the Respondent/s :

Mr. Suman Kumar Jha, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned AC to AAG-3 for the State.

2. Petitioner, in the present case, is seeking a direction to the respondent authorities to conduct proper investigation of Barauni (F.C.I.) P.S. Case No.430 of 2022 dated 08.09.2022 registered under Sections 498(A), 304(B), 302 and 506/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. Learned counsel for the petitioner submits that the FIR in question was lodged when the daughter of the

Patna High Court CR. WJC No.964 of 2023(2) dt.31-10-2023 2/3 informant was killed for not fulfilling the demand of dowry. It is his submission that till date the investigation has not progressed and the I.O. of the case is not taking interest in the matter. In this regard, he has also represented before the S.P., Begusarai and D.I.G. of Police, Begusarai vide representations dated 24.01.2023 (Annexure- '2' series).

4. Learned counsel for the State submits that appropriate direction may be issued to the competent authority to ensure proper and fair investigation of the case.

5. Having regard to the facts and circumstances, the submission showing that the FIR was lodged on or about 08.09.2022 and more than one year have gone thereafter but as informed the investigation has not progressed, this Court directs the Superintendent of Police, Begusarai (respondent no.3) to review the progress made in course of investigation of the case, see whether the I.O. of the case has been taking prompt steps towards investigation and other action and in case it is found that the I.O. is not taking interest in the matter, appropriate action shall be taken including fixing of responsibility upon the I.O. and also consider change of I.O. in this case.

Patna High Court CR. WJC No.964 of 2023(2) dt.31-10-2023 3/3

6. In any case, it would be the responsibility of respondent no.3 to ensure proper and fair investigation of the case and submission of a police report within a reasonable period.

7. This writ application stands disposed of accordingly.

(Rajeev Ranjan Prasad, J) arvind/- U T