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Patna High CourtCR. WJC/37/2023disposed

Janki Devi v. The State Of Bihar

2023-02-06Mr. Justice Alok Kumar Pandey,Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.37 of 2023 Arising Out of PS. Case No.-356 Year-2022 Thana- MANJHI District- Saran ====================================================== JANKI DEVI W/O RAM LOCHAN MAHTO Resident of village- Dumari, P.S.- Manjhi, District- Saran.

... ... Petitioner

Versus

1.

The State of Bihar 2.

The D.G.P. Patna, Bihar. Bihar 3.

The Superintendent of Police, Saran. Bihar 4.

The Sub-Divisional Polise Officer, Saran. Bihar 5.

The Station House Officer, Manjhi, Saran. Bihar 6.

The Investigating Officer of Manjhi P.S. Case No- 42/20 Bihar 7.

SUMAN KUMARI D/O RAM LOCAHN MAHTO Resident of villageDumari, P.S.- Manjhi, District- Saran. 8.

AKHILESH SAH S/O LATE DEONATH SAH Resident of village- Dumari, P.S.- Manjhi, District- Saran.

9.

LALTI DEVI W/O LATE DEONATH SAH Resident of village- Dumari, P.S.- Manjhi, District- Saran.

10.

RAJAN THAKUR S/O DILIP THAKUR Resident of village- Dumari, P.S.- Manjhi, District- Saran.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Harish Kumar, Advocate For the Respondents :

Mr. Lalit Kishore (A.G) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 06-02-2023 Heard.

This writ petition has been filed for issuance of the writ of Habeas Corpus directing the concerned respondents to recover and produce the victim/petitioner's minor daughter namely Suman Kumari, before this Hon'ble Court who is under

Patna High Court CR. WJC No.37 of 2023(2) dt.06-02-2023 2/2 illegal confinement of the persons accused in Manjhi P.S. Case No. 356 of 2022 as even after lapse of about two months, she has not been recovered yet by the concerned respondents due to their laxity.

Taking into account the facts and circumstances of the case, the petitioner is directed to file an application under Section-98 of the Code of Criminal Procedure, 1973 (hereinafter Cr.P.C.) before the District Magistrate who shall pass a reasoned order within a period of four weeks from the date of filing of such application.

With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) ( Alok Kumar Pandey, J) A.K.V.//- U T