Anshul Abhilash v. The State Of Bihar, Through The Principal Secretary (Home), Government Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1210 of 2022 Arising Out of PS. Case No.-505 Year-2022 Thana- SAUR BAZAR District- Saharsa ====================================================== Anshul Abhilash Son Of Dr. Manoranjan Prasad Resident Of Yamuna - 24, Vastu Vihar, Patuaha,P.S- Saur Bazar, Saharsa, Bihar ... ... Petitioner

Versus

1.

The State of Bihar, Through the Principal Secretary (Home), Government of Bihar 2.

The District Magistrate, Saharsa 3.

The Superintendent of Police, Saharsa 4.

The Officer-In-Charge, Police Station - Saharsa Sadar, Saharsa. 5.

The Officer-In-Charge, Police Station - Saur Bazaar Thana, Saharsa 6.

Prof. (Dr.) Dipti Prasad Wife of Prof. (Dr.) Manoranjan Prasad Asst. Professor, B. Ed. Department, R.M. College, Saharsa, R/O- Yamuna - 24, Vastu Vihar, Patuaha, Saharsa ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Lokesh Kumar, Advocate For the Respondent/s :

Mr.Lalit Kishore (A.G.) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 02-01-2023 Heard learned counsel for the petitioner and learned counsel for the State.

Following are the reliefs sought for in paragraph No. 1 of the present writ application:

(I) For issuance of Writ in nature of Habeas Corpus, directing the Respondent Authorities for production of the Respondent No. 6/victim Prof. (Dr.) Dipti Prasad who is mother of the petitioner, before this Hon'ble Court;

Patna High Court CR. WJC No.1210 of 2022(3) dt.02-01-2023 2/2 (ii) This Hon'ble Court may please to monitor/supervise the present case;

(iii) Pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

The present writ application has been filed on behalf of the petitioner seeking a direction upon the respondent authorities for recovery of Respondent No. 6. An F.I.R. has also been instituted vide Annexure-3 to the present application for an offence under sections 363 and 365 of the Indian Penal Code.

Considering the reliefs sought for in the present application, the petitioner is directed to make appropriate application under Section 98 of the Code of Criminal Procedure before the Competent Authority who shall pass an appropriate order in accordance with law within a period of eight weeks from the date of filing of such application under Section 98 of the Cr.P.C. With the aforesaid observation/direction, the present writ application stands disposed of.

(Sudhir Singh, J) ( Alok Kumar Pandey, J) Pankaj/- U T