Kabita Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.613 of 2016 ======================================================

1. Kabita Kumari, wife of Sri Sanjay Kumar Sinha, resident of MohallaBrahamasthan Maranpur, Gaya, P.S. Bishnupad Dist- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Director General of Police, Police Department, Bihar, Patna-1.

3. Deputy Inspector General of Police, Magadh Range, Bihar, Patna-1.

4. Senior Superintendent of Police, Gaya.

5. Station House Officer, Civil Lines Police Station, Gaya.

6. The Medical Superintendent, Anugrah Narain Magadh Medical College and Hospital, Gaya.

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

For the Petitioner/s : Mr. Vivekanand Vivek, Adv. For the Respondent/s : Mr. Jitendra Kr. Roy No.1, SC-13. Mr. Virendra Kuar, AC to SC-13.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 26-08-2016 Heard Mr. Vivekanand Vivek, learned Counsel, appearing on behalf of the petitioner, and Mr. Jitendra Kumar Roy No.1, learned Standing Counsel No.13, appearing on behalf of the State-respondents.

This is an application made, under Articles 226 and 227 of the Constitution of India, putting to challenge the investigation of Civil Line (Gaya) P.S. Case No.128 of 2016. The grievance of the petitioner is that the police has not been investigating the case aforementioned properly inasmuch as the witnesses have not been examined and the statements of the victim have not been recorded, under Section-

Patna High Court Cr. WJC No.613 of 2016 (2) dt.26-08-2016 2/2 164 Cr.P.C., and that the Investigating Officer is trying to give the case a colour of accident, which is actually a case of murder. Having considered the averments made in the writ petition and materials on record and upon hearing the parties, it is hereby directed that respondent No.4, namely, Senior Superintendent of Police, Gaya, shall enquire into the grievances raised in the writ petition and do the needful in accordance with law so as to ensure proper, fair and effective investigation, in Civil Line (Gaya) P.S. Case No.128 of 2016, in such a way that no innocent person is harassed. The investigation shall be completed expeditiously, preferably, within a period of six months from today.

With the above observations and directions, this writ petition stands disposed of.

(I.A. Ansari, CJ) K.C.jha/- U T