Guriya Kumari v. The State Of Bihar Through The Additional Chief Secretary, Home (Special) Department

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2130 of 2024 Arising Out of PS. Case No.-90 Year-2024 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Guriya Kumari D/O Ramjanam Sharma Resident of village- Rushulpur Salim, Post- Bhikanpur, Police Station - Ahiyapur, District - Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Home (Special) Department Government of Bihar, Patna 2.

The Director General of Police, Bihar Patna 3.

The Inspector General of Police, Tirhut Range, Muzaffarpur Bihar 4.

The Deputy Inspector General of Police, Muzaffarpur Bihar 5.

The Senior Superintendent of Police, Muzaffarpur, District- Muzaffarpur Bihar 6.

The Sub-Divisional Police Officer, Town Muzaffarpur, District-Muzaffarpur Bihar 7.

The Station Head Officer, Muzaffarpur Sadar Police-Station, DistrictMuzaffarpur Bihar 8.

Sri Kaushal Kishore Singh Son of Not Known to the Petitioner The Investigating Officer Cum-Sub-Inspector of Police of Muzaffarpur Sadar Police Station, District -Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar For the Respondent/s :

Mr.S.C.21 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-07-2025 Heard the parties.

2. By way of this writ application, the petitioner has prayed for the following reliefs:- (i) For issuance of an appropriate writ in the nature of MANDAMUS,commanding and directing the Respondent Authorities to make proper investigation of the case as also to ensure

Patna High Court CR. WJC No.2130 of 2024(2) dt.03-07-2025 2/3 the arrest of the accused persons forthwith named in the First Information Report in connection with Muzaffarpur Sadar P.S. Case No.90 of 2024 dated 08.02.2024 registered for the offences under Sections 341, 323, 376, 420, 504, 506,34 of the Indian Penal Code pending in the court of the learned Chief Judicial Magistrate, Muzaffarpur. (ii) For issuance of an appropriate writ in the nature of MANDAMUS,commanding and directing the Respondent Authorities to take suitable departmental action against the Respondent nos. 5 to 8 on the ground that the First Information Report was lodged on 08.02.2024 but even after lapse of more than six months the Respondent nos. 5 to 8 failed to discharge their statutory duty for proper investigation of the case as also to arrest the accused persons named in the First Information Report even after repeated representations filed by the petitioner before the Respondent nos. 5 and 6 about the threat made by the accused persons to withdraw the case.

3. In view of the aforesaid prayer, this application is dismissed with a liberty to the petitioner to approach the concerned Court below for redressal of her grievances by way of filing a petition in his case in light of the Judgment of the Hon'ble Supreme Court in the case of Sakiri Vasu vers State of U.P., reported as in (2008) 2 SCC 409. If such a petition

Patna High Court CR. WJC No.2130 of 2024(2) dt.03-07-2025 3/3 is filed then the same shall be considered by the Court below in accordance with law and appropriate orders shall be passed.

4. With the aforesaid direction, this application is dismissed.

(Sandeep Kumar, J) Vikas/- U