Hemni Devi @ Hima Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.2744 of 2018 Arising Out of PS. Case No.-315 Year-2018 Thana- DHANARUA District- Patna ====================================================== Hemni Devi @ Hima Devi W/o Birje Prasad R/o Village Malikpur,P.O. Sonmai,P.S. Dhanarua,Distt.-Patna ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Director General of Police, Bihar,Patna 3.
The Inspector General of Police,Patna,Zone,Patna 4.
The Deputy Inspector General of Police ,Patna Range,Patna 5.
The Senior Superintendent of Police, Patna 6.
Deputy Superintendent of Police,Masaudhi,Patna 7.
The Thanadhyaksh, Police Station, Dhanarua,Patna 8.
The Investigating Officer of Dhanarua Police Station,Masaudhi,Patna ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vasudeo Ram, Adv.
For the Respondent/s :
Mr. P.N. Sharma, AC to AG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 05-12-2019 This is an application for issuance of the following relief/s:
"For commanding the respondents authorities to produce the traceless married daughter of the petitioner alive or dead in respect of Dhanarua P.S. Case No.315/2018 and if needed the Senior Superintendent of Police, Patna may be directed to submit the call details of the Mobile numbers of the accused persons involving in this heinous & cruel
Patna High Court CR. WJC No.2744 of 2018(4) dt.05-12-2019 2/3 nature of crime and accordingly take appropriate action in the case and for arresting all named & unknown accused persons immediately."
It is stated by Shri P.N. Sharma that in the counter affidavit dated 2.12.2019, it is averred at paragraph Nos.18 and 19 as under:
"18. That, from the facts and circumstances as mentioned herein above, it is ascertained that the FIR named accused Bikash Kumar who is the husband of missing Sangeeta Devi has pushed his wife into the Punpun River on 01.09.2018 and at that time the water level was high besides it was also extreme flow of water. After the confessional statement of accused the I.O. of this case made search of missing Sangeeta Devi either dead or alive at the nearby village from where the river crosses but did not get positive clue.
19. That, since either alive or dead, victim Sangeeta Devi has not been recovered therefore, the SSP, Patna review the case and directed the I.O of this case to file a requisition before the Ld. Court for further investigation and consequently the I.O of thisw case filed an application for permission of further investigation. The Ld. Court on the application of the I.O of this case has permitted to start further investigation and hence further investigation is continuing."
Learned counsel for the State further states that challan stands presented against all of the accused persons in
Patna High Court CR. WJC No.2744 of 2018(4) dt.05-12-2019 3/3 relation to the crime of murder.
In view of the same, no other and further orders are required to be passed.
The application is disposed of.
(Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- U