Md. Hasib v. The State Of Bihar Through Director General Of Police, Bihar, Patna And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.26 of 2015 ======================================================
1. Md. Hasib Son of Abdul Subhan Resident of Village Mohamadpur Rohua, P.S. Bhagwanpur, District Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar through Director General of Police, Bihar, Patna.
2. The Superintendent of Police, Vaishali at Hazipur.
3. The Station House Officer, Bhagwanpur, Vaishali. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nachiketa Jha For the Respondent/s : Mr. P.Singh (Gp 27) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-09-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is the informant of Bhagwanpur P.S. Case No. 123 of 2014 registered under Sections 363 and 366-A of the Indian Penal code.
According to prosecution case, minor daughter of the informant aged about 15 years went missing since 07.06.2014. The informant has raised suspicion that one Chotu Kumar son of Biral Paswan may be instrumental in abducting his minor daughter. In Para-1 of the present writ petition, the petitioner has made the following prayers :-
1. That the present Writ application has been filed with prayer for grant of the following reliefs:-
(i) For issuance of direction to the respondents to recover the victim namely Nemtun Nisa who was kidnapped by the accused persons of Bhagwanpur P.S. Case no. 123/2014 dated 10.06.2014 under Section 363 and 366A of the Indian Penal Code. (ii) For issuance of direction to the respondents aforesaid to complete the investigation for save recovery of victim from the clutches of accused persons.
(iii) For issuance of any other relief or reliefs which may be found proper.
It is contended that the investigating agency is not paying proper attention to the investigation of the case and no sincere effort has been made to recover the victim of this case. On the other hand, learned counsel for the State has submitted that investigating agency has taken all proper action in order to recover the victim and apprehend the culprits of the case. He contends that though the daughter of informant went missing on 7th June 2014, the matter was reported to the police after three days on 10th June 2014. The named accused Chotu Kumar and one another, namely, Bharat Prasad Singh were apprehended and forwarded to judicial custody. The investigating officer has already submitted chargesheet on 08.08.2014 against them. However, the investigation is still continuing and efforts are being made to recover the victim of the present case.
Regard being had to the facts and circumstances of the case, the present application is disposed of with a direction to Superintendent of Police, Vaishali at Hajipur to personally supervise the case and take all possible efforts to locate and recover the victim.
The application is disposed of with aforesaid observation and direction.
(Ashwani Kumar Singh, J) sushma/- U