Bharat Kumar v. The State Of Bihar Through The Director General Of Police, Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1105 of 2016 Arising Out of PS. Case No.-270 Year-2016 Thana- AGAMKUAN District- Patna ====================================================== Bharat Kumar, son of Late Rajdeo Gupta, Resident of Village- Maner Telpa, Police Station- Bikram, District- Patna.

... ... Petitioner/s

Versus

1. The State of Bihar through the Director General of Police, Bihar, Patna.

2. The Senior Superintendent of Police, Patna.

3. The Sub-Divisional Police Officer, Patna City, Patna.

4. The Station House Officer, Agamkuan, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Prabhat Kumar Verma (AAG 3) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-08-2018 The writ application has been preferred for a direction to the respondents to ensure the recovery of the niece of the petitioner who is allegedly traceless since 11.05.2016 and in respect of this Agamkuan P. S. Case No. 270 of 2016 dated 05.08.2016 under Section 366 of the Indian Penal Code has been registered.

No one appeared on behalf of the petitioner to press this writ application.

Learned counsel for the State is present and has pointed out from the counter affidavit filed on behalf of respondent nos. 1 to 4 that in course of investigation the victim girl has sent the information petition bearing no. 367 of 2017 in

Patna High Court Cr. WJC No.1105 of 2016(2) dt.21-08-2018 2/2 the court of learned A.C.J.M., Patna City which was verified by the Investigating officer of the case. The victim has categorically stated that her father has lodged a false case, she is major and out of her own will and because of conduct of her step mother, father and uncle, she had left her house on 12.05.2016 and went to Delhi. The counter affidavit also reveals that the victim girl had herself come to the Civil court at Patna City where her statement under Section 164 Cr.P.C. was recorded. It is, thus, submitted that the victim girl was neither taken away nor abducted or kidnapped by any one. She is living in Delhi where she is teaching the children and wants to go to Delhi. For this purpose also she sought permission from the court of learned A.C.J.M., Patna City and on getting permission, she had gone to Delhi.

Taking note of the aforementioned facts, this Court does not find any reason to proceed with the present writ application. It is accordingly, dismissed.

(Rajeev Ranjan Prasad, J) avin/- U T