Mithlesh Kumar v. The Principal Secretary, Home Department, Government Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.498 of 2018 Arising Out of PS. Case No.-191 Year-2017 Thana- GARDANIBAG District- Patna ====================================================== Mithlesh Kumar Son of Late Rajballam Ram Resident of Village-Baisa, P.SPunpun, District-Patna ... ... Petitioner/s

Versus

1.

The Principal Secretary, Home Department, Government Of Bihar, Patna 2.

The Director General of Police, Bihar, Patna 3.

The Superintendent of Police, Patna 4.

Station House Officer, Gardanibagh Police Station, Patna 5.

The Director, Ganesh Hospital, Patna 6.

Doctors, Ganesh Hospital, Patna 7.

The Staffs of of Ganesh Hospital near the D.V.C Chowk RamLakhan Mahto Flat, P.S- Gardanibagh, District-Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the State :

Mr. Sheo Shankar Prasad, SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 04-12-2025 Nobody is present on behalf of the petitioner. However, learned SC-8 for the State is present.

2. The present petition has been preferred by the petitioner seeking direction to the Respondents-Police Authorities to arrest the accused of Gardanibagh P.S. Case No. 191 of 2017, registered for the offence punishable under Sections 364, 367 and 370 of the Indian Penal Code and the recovery of the victims of kidnapping viz., Rina Devi (wife), Tannu Kumari (daughter) and Nikhil Kumar (son).

Patna High Court CR. WJC No.498 of 2018(4) dt.04-12-2025 2/2

3. Report regarding status of the investigation has been received from the Court below.

4. As per the report received, charge-sheet is not yet filed by the police and the victims are not traced, despite efforts by the police.

5. In such facts and circumstances, learned Judicial Magistrate i.e. Additional Chief Judicial Magistrate-XIII, Civil Court, Patna is directed to ensure that proper investigation, including the recovery of the victims, should be done by the police.

6. With the aforesaid observations, the present petition is disposed of, accordingly.

7. Office is directed to send a copy of this order to the Court concerned as well as S.S.P., Patna for information and needful.

(Jitendra Kumar, J) ravishankar/- U T