Pinki Devi v. The State Of Bihar Through The Chief Secretary, Department Of Home, Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1275 of 2023 Arising Out of PS. Case No.-152 Year-2023 Thana- TARAIYA District- Saran ====================================================== PINKI DEVI wife of Mukesh Sahni @ Munna Kumar Sahni Village- Baniya Hasanpur Ps- Taraiya Dist- Saran ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Department of Home, Bihar Bihar 2.
The Union of India through the Secretary, Ministry of Home, Narcotic Drugs Control Bureau New Delhi New Delhi 3.
The Inspector General of Police, Bihar, Patna Bihar 4.
The Deputy Inspector General of Police, Saran Division Bihar 5.
The Superintendent of Police, Saran Bihar 6.
The Deputy Superintendent of Police, Marhaurha Dist- Saran Bihar 7.
The Officer in Charge, Taraiya PS, Saran Bihar 8.
Ravi Ranjan, Assistant Sub Inspector Taraiya, Saran Bihar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surendra Kishore Thakur For the Respondent/s :
Mr. Sheo Shankar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 02-04-2025 The petitioner is the wife of Mukesh Sahni @ Munna Kumar Sahni. It is contended on behalf of the petitioner that the said Mukesh Sahni @ Munna Kumar Sahni used to run a hotel/restaurant at Chhapra. On 19th May, 2023 he was arrested without any rival reason by the local police station and brought to the P.S. Subsequently on 20th May, 2023 a false complaint was lodged against the husband of the petitioner alleging, inter alia, that when he was getting down from a bus, police authority
Patna High Court CR. WJC No.1275 of 2023(2) dt.02-04-2025 2/3 apprehended him on suspicion and conducted search of his person and found narcotic drugs of commercial quantity from his possession.
2. It is submitted on behalf of the petitioner that when her husband was under the custody of police since 19th May, 2023 how could it be possible for him to travel on a bus on 20th May, 2023 with narcotic drugs in his possession. It is also contended by the petitioner that she made series of representations to the higher authorities of police department but they did not consider CCTV footage installed in the hotel/restaurant of her husband to ascertain as to whether he was arrested by police on 19th May, 2023.
3. The learned advocate on behalf of the State/ respondents fairly admits that for proper and fair investigation, CCTV footage is required to be looked into.
4. In view of such background, the instant writ petition is disposed of directing the Investigating Officer of this case to collect and seize the closed CCTV camera from the hotel/restaurant of the husband of the petitioner and verify DVR dated 19th May, 2023 to come to a conclusion as to whether the petitioner was arrested on 19th May, 2023 or not. Such part of investigation shall be conducted by police within
Patna High Court CR. WJC No.1275 of 2023(2) dt.02-04-2025 3/3 15 days from the date of communication of this order.
5. With the above direction, the instant writ petition is disposed of.
(Bibek Chaudhuri, J) ajay/- U