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Neha Kumari vs The State Of Bihar Through … on 19 June, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.956 of 2019
Arising Out of PS. Case No.-224 Year-2019 Thana- AGAMKUAN District- Patna

Neha Kumari, W/o Suman Samir, D/o Rajendra Vishwakarma, Resident of
Chandmari Road, P.S.-Kankarbagh, District-Patna.

… … Petitioner
Versus

1. The State of Bihar through Secretary, Ministry of Home, Government of
Bihar, Patna

2. The Director General of Police, Government of Bihar, Patna.

3. The Secretary, Ministry of Women and Child Welfare, Government of Bihar,
Patna.

4. The Senior Superintendent of Police, District-Patna.

5. The Superintendent of Police, Patna City.

6. The S.D.P.O., Patna City Sub Division, Patna.

7. Officer- in -charge, Agam Kuan Police Station, Patna

8. Officer-in- charge, Mahila Thana Patna.

… … Respondent/s

Appearance :

For the Petitioner : Mr. Abhay Krishna, Advocate
For the Respondents-State: Mr. Sanjay Kumar Ghosarvey, AC to AAG-3

CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL JUDGMENT
Date : 19-06-2019

This application under Articles 226 and 227 of the

Constitution of India has been filed by the petitioner for issuance

of a direction to the respondent no.2, the Director General of

Police, Government of Bihar, Patna to get the investigation of

Agamkuan P.S. Case No.224 of 2019 registered inter alia under

Section 498A of the Indian Penal Code by constituting an honest

special investigation team to bring out the truth.
Patna High Court CR. WJC No.956 of 2019 dt.19-06-2019
2/3

2. Learned counsel for the petitioner submitted that the

petitioner instituted the case against her husband Suman Samir and

his family members on 03.03.2019 alleging that she was being

subjected to cruelty by her husband and family members. Though

the first information report was instituted on 03.03.2019, the

accused persons have not been arrested so far. The police are not

taking proper steps in course of investigation and the petitioner has

lost hope in getting justice from the investigating officer who is

investigating the case. He contended that in view of inaction on the

part of police in apprehending the accused persons, the matter

requires to be handed over to some special investigating team so

that proper action in course of investigation may be taken place.

3. Per contra, learned counsel for the State submitted

that the apprehension in the mind of the petitioner that the

investigation is not fair or impartial is imaginary. There is no

material on the basis of which it can be said that the investigation

is tainted. The law does not mandate that immediately after

institution of the first information report the accused persons must

be arrested. He contended that there is no reason for change of

investigating officer or investigating agency at this stage.

Patna High Court CR. WJC No.956 of 2019 dt.19-06-2019
3/3

4. Having heard the parties and perused the record, I

am of the opinion that the application filed by the petitioner is

misconceived.

5. To hold investigation into a cognizable offence is

the statutory right of the police. At this stage, neither the informant

nor the accused has got any say. The investigation is supposed to

be confidential in nature. Merely because the accused persons

named in the first information report have not been apprehended

by the police, there can not be any presumption that the

investigation is tainted. The investigating agency can not act at the

dictate of the informant. In absence of any material so show that

the investigation is unfair or tainted, the prayer of the petitioner

can not be allowed.

6. The application is dismissed.

(Ashwani Kumar Singh, J.)
Sanjeet/-

AFR/NAFR NAFR
CAV DATE NA
Uploading Date 21.06.2019
Transmission Date 21.06.2019

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