Nitish Kumar v. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.132 of 2016 ======================================================

1. Nitish Kumar son of Late Chandrika Singh, resident of villageSharwan, P.S.- Masaurhi, District- Patna .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna

2. The Secretary, Department of Home (Police), Government of Bihar, Patna

3. The Director General of Police, Patna

4. The Senior Superintendent of Police, Patna

5. The Superintendent of Police, Patna.

6. The Deputy Superintendent of Police, Masaurhi, Patna

7. The Station House Officer, Masaurhi Police Station, Patna

8. The Investigation Officer, namely Binay Kumar Singh 'ASI', Masaurhi Police Station, Patna

9. Ravi Kumar son of Ajeet Kumar

10. Ajeet Kumar @ Karu, son of Krit Prasad

11. Ranjeet Kumar son of Krit Prasad

12. Usha Devi, Wife of Ranjeet Kumar,

13. Renu Kumar, wife of Ajeet Kumar These are resident of villageLakhibagh, J.P. Road, P.S.- Masaurhi, District- Patna

14. Rekha Devi Wife of Manoj Prasad

15. Manoj Prasad H/o Rekha Devi Both are resident of Naya Tola, Madhopur, P.S. Bakhtiyarpur, District- Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Niranjan Kumar @ Niranjan Singh, Adv. For the Respondent/s : Mr. Chitranjan Singh, PAAG-2 Mr. Syed Iqbal Ahmad, SC-20.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 30-08-2016 Heard Mr. Niranjan Kumar @ Niranjan Singh, learned Counsel, appearing on behalf of the petitioner, and Mr. Chitranjan Singh, learned Principal Additional Advocate General No.2, appearing on behalf of the State-respondents.

Patna High Court Cr. WJC No.132 of 2016 (8) dt.30-08-2016 2/3 The grievance of the petitioner, who is the informant of Masaurhi P.S. Case No.278 OF 2015, is that his daughter, who had allegedly been kidnapped/abducted by the accused person, has not been recovered and the accused has also not been arrested.

By filing their counter affidavit, the respondents have showed that the investigation is pending and no recovery could be made despite best efforts of the police in this regard. There is no allegation on record, supported by any material, that the police have been conniving with the accused or have been acting in collusion with the accused.

In the circumstances indicated above, this Court does not find that the petitioner has been able to make out any case for issuance of any writ(s).

Considering, however, the matter in its entirety and in the interest of justice, particularly, the fact that the petitioner's daughter has not yet been recovered, it is hereby directed that respondent No.5, namely, Superintendent of Police, Patna, shall enquire into the grievances raised in the writ petition and do the needful in accordance with law expeditiously, preferably, within a period of six months, ensure proper, fair and effective

Patna High Court Cr. WJC No.132 of 2016 (8) dt.30-08-2016 3/3 investigation in such a way that no innocent person is harassed. With the aforesaid observations and directions, this writ petition stands disposed of.

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