Patna High Court
Anita Devi @ Anita Kuwar vs The State Of Bihar Through The Chief ... on 7 February, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1935 of 2024
Arising Out of PS. Case No.- Year-0 Thana- District- Saharsa
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Anita Devi @ Anita Kuwar, wife of Late Menu Singh, resident of Village-
Narharpur Chamari, Police Station- Gaura, District-Saran at Chapra
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Old
Secretariat, Patna
2. The Principal Secretary, Department of Home, Government of Bihar, Old
Secretariat, Patna
3. The Director General of Police, Bihar, Sardar Patel Bhawan, Bailey Road,
Patna
4. The Deputy Inspector General of Police, Saran Range, Chapra
5. The Superintendent of Police, Saran at Chapra
6. The Sub-Divisional Police Officer, Madhaura, Saran
7. The Station House Officer, Bajigar Kumar, Gaura Police Station, Dist- Saran
at Chapra
8. Sri A.K Chaudhary, Sub Inspector of Police along with five Constables of
Gaura Police Station, Saran at Chapra
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Udai Shankar Singh, Advocate
For the Respondent/s : Mr. A.G.
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
And
HONOURABLE MR. JUSTICE S. B. PD. SINGH
CAV JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. B. PD. SINGH)
Date : 07-02-2025
In the instant petition, the petitioner has prayed
for the following relief(s):-
"That the petitioner invokes the
Criminal Writ Jurisdiction of this Hon'ble
Court for issuance of a writ in the nature of
Patna High Court CR. WJC No.1935 of 2024 dt.07-02-2025
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Habeas Corpus commanding and directing
the respondents to release/produce the
victim/son of the petitioner namely Sonu
Kumar from unlawful custody/detention
made by the respondent nos. 7 to 8.
And also issuance of an appropriate
writ/writs, order/orders, direction/directions
for commanding the respondents to
institute an FIR against the responsible
respondent nos. 7 and 8 for the offence
committed by them with son of the
petitioner.
And any other appropriate writs,
order(s), direction(s) which your lordships
may deem fit and proper."
2. The case of the petitioner as per petition filed
before this Court is that on 08.08.2024 at about 2:00
P.M, the S.H.O, Gaura Police Station (respondent No. 7)
along with Sub-Inspector, A.K. Chaudhary (respondent
No. 8) and five constables came at her house and
arrested her son namely Sonu Kumar and took him away
to the police station without any rhyme and reason and
when the petitioner asked for the reason of arrest of her
son, she was informed that her son (Sonu Kumar) has
Patna High Court CR. WJC No.1935 of 2024 dt.07-02-2025
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been detained for an enquiry and after enquiry, he would
be released from the police custody. It is further alleged
that on the next day at about 2:00 A.M, the S.H.O of
Gaura Police Station (respondent No. 7) along with other
police officials came at the house of the petitioner and
told her that her son had escaped from the police custody.
They thereafter forcefully tried to take her signature on
plain paper but she denied to put her signature on the
said paper. The petitioner has filed written complaint
(Annexure-P-1 series) before the Chairman, State Human
Rights Commission, Bihar for recovery of her son and to
take legal action against the erring police officials. The
petitioner has also filed an application before the learned
Chief Judicial Magistrate, Saran at Chapra for recovery of
her son (Sonu Kumar), but till date, her son has not been
recovered nor any action has been taken against
respondent Nos. 7 and 8. The petitioner had
apprehension that her son was brutally assaulted, as a
result of which, he might be died due to serious injury and
Patna High Court CR. WJC No.1935 of 2024 dt.07-02-2025
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in order to save their skin, respondent Nos. 7 and 8 are
alleging that her son (Sonu Kumar) escaped from the
police custody.
3. Pursuant to the direction of this Court,
respondent No. 5 has filed counter affidavit wherein it has
been stated that son of the petitioner namely Sonu Kumar
was apprehended by the police on 08.08.2024 in
connection with Gaura P.S. Case No. 97 of 2024 which
was registered on 14.07.2024 for the offences punishable
under Sections 331 (4) and 305 of the BNS, 2023. The
aforesaid Sonu Kumar was interrogated by the
Investigating Officer and after interrogation, when the
Police personnel left the interrogation room, he managed
to escape by uprooting the window of the interrogation
room. The escaping of Sonu Kumar from the police
station was recorded in the CCTV Camera installed in the
Police Station. A pen drive of the aforesaid incidence has
been brought on record. The police, thereafter, registered
Gaura P.S. Case No. 115 of 2024 dated 12.08.2024
Patna High Court CR. WJC No.1935 of 2024 dt.07-02-2025
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against Sonu Kumar (son of the petitioner) under Section
262 of the B.N.S, 2023. During investigation of Gaura
P.S. Case No. 115 of 2024, the C.D.R of mobile number
xxxxxx1620, which was registered in the name of Sonu
Kumar, was obtained from the service provider company.
From perusal of the aforesaid C.D.R, it appears that in
between 26.07.2024 to 19.09.2024, there were
altogether 365 calls on the mobile number of xxxxxx5353
which was registered in the name of Anita Devi, the
present petitioner, which clearly suggests that petitioner-
Anita Devi was in regular contact with her son (Sonu
Kumar) in between 08.08.2024 to 19.09.2024 and she
was fully aware about the escape plans of her son (Sonu
Kumar) and his whereabouts during his escape, instead,
the petitioner has filed the present writ in order to target
and tarnish the reputation of the police officials.
4. It is also pertinent to mentioned here as stated
in para 11 of the counter affidavit that on 21.09.2024,
aforesaid Sonu Kumar was apprehended at Taranagar,
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Hrishipara, under Sidai Police Station of West Tripura
District in the State of Tripura. The Police officials of
Gaura Police Station, thereafter, filed an application for
transit remand of the accused Sonu Kumar (son of the
petitioner) before the I/C Chief Judicial Magistrate,
Agartala, West, Tripura on 22.09.2024 which was
allowed and the police parties are on way along with the
accused Sonu Kumar to Saran at Chapra. A photocopy of
the order dated 22.09.2024 has been annexed as
Annexure R-5/B of the counter affidavit.
5. It is also stated in para 14 of the counter
affidavit that Sonu Kumar (son of the petitioner) is also
involved in four other cases apart from the present case
which are (i) Marhaura P.S. Case No. 04 of 2024 dated
05.03.2024under Sections 341, 323, 379, 504, 506/34 of the Indian Penal Code (ii) Gaura P.S. Case no. 115 of 2024 dated 12.08.2024 under Section 262 of BNS, 2023
(iii) Marhaura P.S. Case No. 291 of 2017 dated 10.07.2017 under Sections 302, 120(B)/34 of the Indian Patna High Court CR. WJC No.1935 of 2024 dt.07-02-2025 7/10 Penal Code and Marhaura P.S. Case No. 331 of 2015 dated 08.09.2015 under Sections 427, 320, 511 of the Indian Penal Code.
6. Pursuant to the direction of this Court, original case diary as well as Station Diary have been made available before this Court. From perusal of the Station Diary, it clearly transpires that while writing in para 279 of the Station Diary regarding arrest and other details about son of the petitioner-Sonu Kumar, some tampering/cutting/overwriting was made as it appears that some portion of para 279 of the Station Diary was erased through whitener and new details were written which also suggests that police officials were not come up with clean hands with regard to the arrest of accused Sonu Kumar (son of the petitioner). The police has also not shown the reason for delay in lodging the F.I.R regarding absconding of accused Sonu Kumar from the police custody as Sonu Kumar absconded from the police custody on 08.08.2024 but the F.I.R in this regard was Patna High Court CR. WJC No.1935 of 2024 dt.07-02-2025 8/10 registered on 12.08.2024. It is the duty of the officer-in- charge of a police-station to maintain a Station Diary and make sure that no tampering is made, as the Station Diary is a record of all important transactions/events taking place in a police station, including departure and arrival of police staff, handing over or taking over of charge, arrest of a person, details of law and order duties, visit of senior officers, etc. Since Station Diary is a record that is maintained chronologically on day-to-day basis, any tamper in the station diary can raise serious questions about the authenticity of the police action and it can change the fate of an accused or an innocent person. In that situation, the trust of public on the policing will be shaken and the above act of the police officers are highly deprecated.
7. So far as the maintainability of the present writ petition is concerned, it clearly transpires from the counter affidavit filed on behalf of respondent No. 5 that petitioner was fully aware about the whereabouts of her Patna High Court CR. WJC No.1935 of 2024 dt.07-02-2025 9/10 son (Sonu Kumar) as CDR of mobile of the petitioner (Annexure-R-5/C and C/1) suggests that petitioner was in regular contact with her son (Sonu Kumar) in between 09.08.2024 to 19.09.2024, the period in which son of the petitioner-Sonu Kumar absconded himself from the police custody. Annexure-R-5/B of the counter affidavit also suggests that Goura Police has filed a petition before I/C Chief Judicial Magistrate, Agartala, West Judicial District, Tripura for transit remand of son of the petitioner namely Sonu Kumar who was arrested on 21.09.2024 at Taranagar, Hrishipara, West Tripura in the State of Tripura. The application of the Gaura Police for transit remand has been allowed and the police officials of Gaura Police Station are on way with son of the petitioner Sonu Kumar to Saran at Chapra.
8. In the light of the aforementioned development, the present writ petition does not survive for consideration.
9. Accordingly, the present writ petition stands Patna High Court CR. WJC No.1935 of 2024 dt.07-02-2025 10/10 dismissed.
10. The Registry is directed to return the original Station Diaries to the concerned Police Station at the earliest.
11. Let a copy of this judgment be sent to the Director General of Police, Bihar, Patna.
( S. B. Pd. Singh, J) (P. B. Bajanthri, J) Shageer/-
AFR/NAFR AFR CAV DATE 28/10/2024 Uploading Date 07/02/2025 Transmission Date 07/02/2025