Sunita Kumari Prasad v. The State Of Bihar Through The Principal Secretary, Health Department, Government Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.31 of 2024 Arising Out of PS. Case No.-1040 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== Sunita Kumari Prasad Wife of Dayanand Prasad @ Dr. Daya Nand Prasad Residence of 103, Roy Shanti Plaza Apartment, Kanti Factory Road, MG Nagar, P.S.- Patrakar Nagar, Chitragupta Nagar, District- Patna. At presently R/o- Chaupal Niwash, Bengali Tola, Ward No. 25 P.S. Forbesganj, DistrictAraria. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Health Department, Government of Bihar, Patna Bihar 2.

The Health Department, through the Principal Secretary, Government of Bihar, Patna Bihar 3.

The Director General of Police (DGP), Government of Bihar, Patna Bihar 4.

The Inspector General of Police, Purnia range, Araria Bihar 5.

The Superintendent of Police, Araria Bihar 6.

The Deputy Superintendent Of Police, Araria Bihar 7.

The District Civil Surgeon, Araria, Bihar Bihar 8.

The Dr Ashutosh Kumar officer in charge, Health officer Primary Health Centre, Forbesganj, District Araria, Bihar 9.

The Police Sub-inspector-Cum- SHO, Forbesganj P.S., District- Araria Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dharmendra Paswan, Advocate Mr. Amar Kumar, Advocate Ms. Deepika, Advocate For the Respondent/s :

Mr. Gp.26 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 14-07-2025 Heard the learned counsel for the petitioner and the learned counsel for the State.

2. This criminal writ application is being filed for issuance of appropriate writ/writs, order/orders, direction/directions for the following relief/s:-

Patna High Court CR. WJC No.31 of 2024(2) dt.14-07-2025 2/2 (i.) To direct the Respondent authorities for the proper, justified, scientific and transparent investigation of the Case lodged in Forbesganj P.S. Case No. 1040/2022 dated 01.10.2022 under Section 419, 420, 467, 468 and 120B/34 of Indian Penal Code under the supervision of this Court;

(ii.) To direct the Respondent No. 5 i.e. The Superintendent of Police, Araria to take action against the Health Department, Government of Bihar and Respondent No. 9 i.e. The Police sub-inspector-cum-SHO, Forbesganj, P.S., District- Araria who has instituted the Present F.I.R. without the Commission of any offence and without verifying the fact, the present case has been instituted only to harass the Petitioner;

(iii.) To direct the Respondent No. 5 i.e. The Superintendent of Police, Araria to dispose the representation of the Petitioner after verifying the facts, whereby and whereunder the Sister-in-law of the Petitioner has requested to aforesaid respondent to conduct a proper investigation in the said matter to ascertain the actual fact of the case.

3. This application is disposed of with a direction to the Superintendent of Police, Araria to dispose of the representation dated 16.07.2023 filed by the petitioner in accordance with law within one month of receipt/communication of a copy of this order. (Sandeep Kumar, J) Shishir/- U T