Saraswati Mishra v. The State Of Bihar Through The Principal Secretary, Dept. Of Home, Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2000 of 2024 Arising Out of PS. Case No.-167 Year-2017 Thana- HATHAURI District- Muzaffarpur ====================================================== Saraswati Mishra Wife of Late Chandeshwar Mishra Resident of Ward No. 7, Saraswati Sadan, Chakala Niramali, P.S. and District - Supaul ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Dept. of Home, Govt. of Bihar, Patna Bihar 2.

The Principal Secretary, Department of Home, Government of Bihar, Patna Bihar 3.

The Director General of Police, Bihar, Patna Bihar 4.

The Inspector General of Police, Tirhut Range, Muzaffarpur Bihar 5.

The Deputy Inspector General of Police, Muzaffarpur Bihar 6.

The Senior Superintendent of Police, Muzaffarpur Bihar 7.

The Deputy Superintendent of Police, Muzaffarpur Bihar 8.

The Station House Officer, Hathauri Police Station, District - Muzaffarpur Bihar 9.

Sarita Kumari Wife of Late Rajnish Kumar Resident of Village - Narma, P.S. - Hathauri, District- Muzaffarpur, presently Residing in Ward No. 27, Rasalpur Jilani, Manjhauliya, Sri Krishna Chowk, P.S. - Kazi Mohammadpur, District - Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra For the Respondent/s :

Mr. G.P.10 Mr. Anwar Karim AC to GP 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-07-2025 Heard the learned counsel for the petitioner and the learned counsel for the State.

2. This writ petition has been filed for issuance of direction to the respondents to investigate Hathauri P.S. Case No. 167/2017 dated-03.10.2017 registered under Sections 341, 323, 379, 420, 467, 468, 471, 504 and 120 of the I.P.C. as due to oblique motive, the informant (Respondent No. 7) has filed a

Patna High Court CR. WJC No.2000 of 2024(3) dt.07-07-2025 2/2 false case against her Mother-in-law prima facie and later on, involving the son of the petitioner, who is relative of the motherin-law of the informant.

3. Pursuant to the order dated 30.06.2025, the SHO of Hathauri Police Station, Muzaffarpur has appeared. He has submitted that the police is trying to locate one Puttu who is said to be the son of the petitioner.

4. The petitioner has three sons. The three sons of the petitioner will present themselves before the I.O. of the case within four weeks to cooperate in the investigation.

5. If the I.O. of the case finds that any of the sons of the petitioner has impersonated and has executed a sale-deed claiming himself to be the mother-in-law of the informant, then appropriate legal action can be taken by the Police in accordance with the law. It is expected that the police will not harass any person unnecessarily.

6. With the aforesaid observation and direction, this application is disposed of.

(Sandeep Kumar, J) Shishir/- U T