Maya Kumari @ Maya Singh @ Maya Kumari Singh v. The State Of Bihar Through The Chief Secretary, Government Of Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1223 of 2021 Arising Out of PS. Case No.-503 Year-2018 Thana- AGAMKUAN District- Patna ====================================================== Maya Kumari @ Maya Singh @ Maya Kumari Singh W/o- Sri Mithelesh Kumar Permanent resident of Village- Gamhariya, P.S.- Karakat, DistrictRohtas, Presently risiding at Plot No.638, Mohalla- Prashanti Nagar, Vanasthalipuram, Rachakonda, District- Rangareddy (Telangana) ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Additional Chief Secretay, Home Department, Government of Bihar, Patna 3.

The Director General of Police, Bihar, Police, Patna. 4.

the Inspector General, Prisons and Correctional Services, Home Department, Govt. of Bihar, Patna.

5.

The Deputy Secretary- Cum- Deputy Director (Admin.), Prisons, Home Deptt., Govt. of Bihar, Patna.

6.

The Superintendent, Aadarsh Central Jail, Beur, Patna. 7.

The Deputy Superintendent, Aadarsh Central Jail, Beur, Patna. 8.

The Assistant Superintendent, Aadarsh Central Jail, Beur, Patna. 9.

Rajeev Ranjan Son of Sri Bhola Paswan Resident of A/20, Teacher CoOperative Colony, Kankarbagh, P.S.- Kankarbagh, District- Patna. 10.

Sanjeet Soham @ Sanjeet Kumar Son of Sri Bhola Paswan Resident of A/20, Teacher Co- operative Colony, Kankarbagh, P.S.- Kankarbagh, District- Patna.

11.

Dr. Maheshwar Prasad son of Late Jamuna Paswan Resident of 2H/53, Bahadurpur Housing Colony, Mahatma Gandhi Nagar, P.S.- Agamkuan, District- Patna.

12.

The Central Bureau of Instigation through its Director, New Delhi Bihar 13.

The Superintendent of Police, (weaker section), Crime Investigation Department Bihar, Patna 14.

The Senior Supriendent of Police, Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhola Kumar, Adv.

For the Respondent/s :

Mr. Bipin Kumar Sinha, Adv.

For the C.B.I.

:

Mr. Avanish Kumar Singh, Adv., S.P.P.

Mr. Ambar Narayan, Adv.

Mrs. Barkha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT

Patna High Court CR. WJC No.1223 of 2021 dt.18-04-2023 2/3 Date : 18-04-2023 Learned counsel for the petitioner, learned counsel for the State and learned counsel for the private respondent present.

The present criminal writ application has been filed by the petitioner to order for an inquiry by the C.B.I. or by any other independent agency to look into the matter that a Compromise Deed dated 06.01.2019 and Petition dated 09.01.2019 which were prepared while the petitioner was in judicial custody in Beur Jail and the said Letters/ Compromise Deeds were used in closing the proceedings relating to Vanasthalipuram P.S. Case No. 658 of 2018 filed by the petitioner against respondent nos. 9, 10 and 11. The other prayers are also related to direct the C.B.I. to interfere in the said matter.

Counsel for the State submits that the petitioner has filed representation before the Janta Darbar of Chief Minister, Bihar from where an independent inquiry was directed to be set up which was headed by the high police officials, who are senior than the present respondent no. 9. Counsel submits that the inquiry report has come and State has decided to take appropriate action in this matter at appropriate level.

Patna High Court CR. WJC No.1223 of 2021 dt.18-04-2023 3/3 Counsel for the private respondents have filed the separate affidavits to show their innocence in this matter. Without entering into the merits of the case, particularly, when the grievance of the petitioner was entertained by the State Government, inquiry was set up and inquiry report has come.

The State of Bihar is free to take action or not to take action against its officials, if he involved in such type of activities as indicated in the said inquiry report which is part of the counter affidavit.

This Court is not inclined to interfere in this matter and left it open upon the State Government to continue such type of officials in a system or take appropriate action against such officials.

With this direction, the present criminal writ application stands dismissed.

(Dr. Anshuman, J.) sadique/- AFR/NAFR CAV DATE Uploading Date Transmission Date