Patna High Court - Orders
Mahesh Ray vs The State Of Bihar Through The Principle ... on 2 January, 2024
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1380 of 2023
Arising Out of PS. Case No.-1 Year-2023 Thana- MAHILA P.S. District- Vaishali
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Mahesh Ray Son of Ram Dev Ray Resident of Village- Khaje Chand
Chhapra, PS- Goraul (OP. Kathawa), Dist- Vaishali
... ... Petitioner
Versus
1. The State of Bihar Through The Principal Secretary General Administration,
Bihar, Patna
2. The Director General Of Police, Bihar, Patna
3. The Inspector General Of Police, Tirhut Commissionary, Muzaffarpur
4. The Superintendent Of Police, Vaishali at Hajipur
5. The DSP Mahua PS, Vaishali at Hajipur
6. The SHO Mahila PS Vaishali at Hajipur
7. The Investigation Officer in Mahila PS Case No. 01/2023
8. Sumangal Ray Son of Nagina Ray Resident of Village- Khaje Chand
Chhapra, PS- Goraul (OP. Kathawa), Dist- Vaishali
9. Ratnesh Kumar Son of Devendra Ray Resident of Village- Khaje Chand
Chhapra, PS- Goraul (OP. Kathawa), Dist- Vaishali
10. Ranju Singh (Ladies Staff of Mahua Sub-Division, Sadar Hospital),
Resident of Village- Mahua Gol Road No. 04, Guddai Bazar, Dist- Vaishali
... ... Respondents
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Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr. Anil Kumar, AC to SC-8
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
2 02-01-2024No one appears for the petitioner. Learned counsel for the State is present.
2. This writ application has been filed for the following reliefs:-
(i) For issuance of rule(s), direction(s) especially in nature of mandamus directing and commanding the respondent concerned to arrest private respondent nos. 8, 9 and 10 who have been made Patna High Court CR. WJC No.1380 of 2023(2) dt.02-01-2024 2/3 accused in connection with Mahila P.S Case No. 01/2023 dated 03.01.2023 whereby and whereunder respondents concerned have not arrested these accused persons against whom there are serious allegations under Sections 376 (DA), 313, 314 and 120(B) of the Indian Penal Code, under Sections 23 and 25 of the PC-
PNDT Act, under Section 6 of the POCSO Act and under Sections 67(A) and 67(B) of IT Act.
(ii) For issuance of appropriate order(s), direction(s) to the respondent concerned to start proper investigation against the accused persons of Mahua P.S Case No. 01/2023 dated 03.01.2023 who have not been arrested till date.
(iii) For taking appropriate action against the respondents concerned who have helped in not arresting the accused persons and did not start proper investigation against the accused persons.
(iv) For issuance of any appropriate rule(s), order(s), direction(s) as this Hon'ble Court may find fit and proper to the facts and circumstances of the case as well as for which the petitioner may be found entitled thereto.
3. A counter affidavit has been filed on behalf of the State. In paragraph '9' of the counter affidavit it is stated that the case has been found true against the three accused persons. however, the accusation against one Ranju Singh has not been substantiated in course of investigation and accusation against her was not found to be true. Learned counsel submits with reference to Annexure 'A' to the counter affidavit that the Superintendent of Police, Headquarter, Vaishali has issued Patna High Court CR. WJC No.1380 of 2023(2) dt.02-01-2024 3/3 certain directions to the I.O. to take all effective legal steps to compel the appearance of the rest of the accused persons. Till date only one accused has been arrested.
4. Having regard to the facts and circumstances of the case and the information furnished in the counter affidavit, this Court is disposing of the present writ application with a direction to the Superintendent of Police, Vaishali to keep on reviewing the matter on regular intervals and ensure that the I.O. of the case completes the investigation, arrests the absconding accused, if any, within a reasonable period and submit an appropriate police report in the court of learned jurisdictional Magistrate within a reasonable period.
5. This application stands disposed of accordingly.
(Rajeev Ranjan Prasad, J) Rishi/-
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