Ashok Kumar Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2469 of 2023 In Criminal Writ Jurisdiction Case No.1265 of 2022 ====================================================== 1.

Ashok Kumar Patel Son of Umashankar Singh @ Umashankar Patel, Resident of Village-Dinara, P.S. Dinara, District-Rohtas (Sasaram). 2.

Jwala Singh @ Saroj Kumar Patel, Son of Umashankar Singh @ Umashankar Patel, Resident of Village-Dinara, P.S. Dinara, District-Rohtas (Sasaram).

3.

Umashankar Singh @ Umashankar Patel, son of Khobhari Singh, Resident of Village-Dinara, P.S. Dinara, District-Rohtas (Sasaram). 4.

Janki Devi, Wife of Umashankar Singh @ Umashankar Patel, Resident of Village-Dinara, P.S. Dinara, District-Rohtas (Sasaram). ... ... Petitioner/s

Versus

1.

The State of Bihar through Sri K. Senthil Kumar, Principal Secretary, The Department of Home Patna, Bihar.

2.

Sri R.S. Bhatti, son of not known to the petitioner, The Director General of Police, Patna, Bihar.

3.

Sri Ajay Kumar Mishra, son of not known to the petitioner, The Inspector General of Police, Patna, Bihar.

4.

Sri Manavjit Singh Dhillon, son of not known to the petitioner, Deputy Inspector General of Police cum Senior Superintendent of Police, Patna, Bihar.

5.

Sri Navin Chandra Jha, son of not known to the petitioner, The Deputy Inspector General (D.I.G.) of Police, Division-Sahabad Range, Dehri-onSone at Rohtas, Bihar. 6.

Sri Vineet Singh, son of not known to the petitioner, The Superintendent of Police, Rohtas, Bihar.

7.

Sri Shashi Bhusan Singh, son of not known to the petitioner, The Deputy Superintendent of Police, Vikramganj at Rohtas, Bihar. 8.

Sri Raushan Kumar, son of not known to the petitioner, the Officer-inCharge, Dinara Police Station, District Rohtas, Bihar. 9.

Sri Raj Kumar Singh, son of not known to the petitioner, The Officer-inCharge, Patrakarnagar Police Station, District-Patna, Bihar. 10.

Nami Choudhary, son of Late Chandrama Choudhary, Resident of VillageTurki, P.s. Dinara, District-Rohtas, ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saroj Kumar For the Opposite Party/s :

Mr.Md. Nadim Seraj (Gp5) ======================================================

2/4 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-01-2024 This application has been filed for initiation of contempt of court, proceedings against the opposite parties, for their willful disobedience and non compliance of the order dated 25.02.2023, passed in Cr. W.J.C. No. 1265 of 2022.

2. It is submitted on behalf of petitioners that in terms of the order of the Hon'ble Court, as contained in Annexure-1, the petitioners filed representations before the concerned opposite Parties and requested them to comply with the order of the Hon'ble Court dated 25.02.2023 passed in Cr.W.J.C No. 1265 of 2022, but till date no information has been supplied to the petitioners regarding any progress in investigation of the case.

3. In this case, a show cause has been filed on 02.11.2023 on behalf of opposite party nos. 5 to 8 and in paragraph - 8 of the same, it is stated that on receipt of the written petition from the informant Narni Choudhary S/o Late. Chandrama Choudhary R/O Vill. Turki, P.S. Dinara, Dist. Rohtas, Dinara P.S. Case No. 275/19, dated 02.10.2019 was lodged under Section 304B/120/34 Indian Penal Code against the F.I.R. named accused (1) Ashok Kumar Patel (Husband) (2) Jwala Singh S/o Uma Shankar Singh, (3) Uma Shankar Singh

3/4 S/o Khobhari Singh, and (4) Janki Devi (Mother-in-law) w/o Uma Shankar Singh, all resident of village and P.S. Dinara, Dist. Rohtas.

4. It is further stated in paragraph - 10 of the show cause that on investigation of the case, witness stated that Juhi Devi was married with Ashok Kumar Patel about 3 years ago, but she had no any issue and her treatment was being done at the clinic of Dr. Shanti Rai, Patna. In the night of 23.09.2019 at about 12.00 hrs., Juhi Devi alongwith her mother-in-law Janki Devi had gone to Patna by Bus for treatment at Dr. Shanti Rai Clinic. They took lunch in the Hotel and went to the said clinic. Juhi Devi told to Janki Devi that she is coming from Bathroom, but she did not return back. When Juhi Devi was not found there, Janki Devi returned back to Dinara at her house and narrated the whole story to her husband Uma Shankar Singh. Then, they again came back to the clinic of Dr. Shanti Rai at Patna. After obtaining the C.C.T.

V, footage from there, they reported the matter of absconding of their daughter-in-law to the Patrakar Nagar P.S. Patna, On that basis, they registered P.C. R.L.M. No. 102/2019 dated 26.09.2019. From the observation of CCTV footage, Juhi Devi is seen going out of the said clinic.

5. Accordingly, the S.D.P.O. has suggested to

4/4 investigate the case, appearing as true, under Section 363/366 of the Indian Penal Code. The investigation of the case is still going on and every efforts are being made to either recover the girl or to get any clue/information of her death so that the investigation of the case is concluded.

6. In view of aforesaid facts and circumstances, no case of contempt is made out.

7. The petition stands dismissed.

(Prabhat Kumar Singh, J) anay U