Rani Devi v. The State Of Bihar Through Secretary, Home Deptt., Govt. Of Bihar, Old Secretariat, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1431 of 2023 Arising Out of PS. Case No.-385 Year-2023 Thana- CHAPRA TOWN District- Saran ====================================================== Rani Devi W/O Deepak Prasad Gupta R/O Village- Purani Chowk, Ward No. 10, Ps. Fatuha, Dist. Patna ... ... Petitioner/S

Versus

1.

The State Of Bihar through Secretary, Home Deptt., Govt. Of Bihar, Old Secretariat, Patna Bihar, Patna 2.

The Superintendent Of Police, Saran at Charpa Bihar, Saran At Chapra 3.

The Station House Office, Town PS. Chapra Bihar, Saran At Chapra 4.

The Investigating Officer, S.I Town PS. Chapra Bihar, Saran At Chapra 5.

The Dy. Sp. Town Chapra Bihar, Saran at Chapra ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Anand, Advocate Mr. Roop Kishan, Advocate For the Respondent/s :

Mr. Suman Kumar Jha, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-06-2024 Heard the parties.

2. The petitioner has moved the Court for the following reliefs:

"That the present writ application is being filed in the nature of habeas corpus to direct the respondent especially Respondent No. 2 to 5 to properly investigate the town P.S case No. 385/2023 and recover the female child of deceased Deepa Gupta who was murdered by in-laws family members in the district Saran for not fulfilling the dowry."

3. In paragraph no. 6 of the counter affidavit reads as under:

"6) That in light of the present writ

Patna High Court CR. WJC No.1431 of 2023(3) dt.24-06-2024 2/2 petition a report was called for by this respondent from S.H.O of Chapra Town Police Station regarding the whereabouts of the child of the deceased Deepa Kumari which was submitted via DR- 360/24 dated 13.02.2024 as per which the father-in-law of the deceased Deepa Gupta, Vishwanath Prasad was enquired and he stated that his elder son Rahul Gupta and the deceased Deepa Gupta had one 3 Vi years old male child whose name is Prabhas Kumar and who is currently living with him.

This was also confirmed by the enquiry of three local persons (1) Dhiraj Kumar, (2) Ajay Kumar and (3) Rajesh Kumar."

4. In these circumstances, the child in question is very much alive and is staying with his grandfather.

5. Accordingly, this application is disposed of with liberty to the petitioner to approach the appropriate Court for appropriate relief.

(Sandeep Kumar, J) P. Kumar U