LUCKY KUMARI v. The State of Bihar through Director General of Police, Bihar, Patna
CR. WJC/1832/2023 · 2025-06-23
Sandeep Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 79409 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 79409 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1832 of 2023 Arising Out of PS. Case No.-124 Year-2023 Thana- BAKHTIYARPUR District- Patna ====================================================== Lucky Kumari wife of Nirmal Singh Village- Dedaur Ps- Bakhtiyarpur Dist- Patna ... ... Petitioner/s Versus
1. The State of Bihar through Director General of Police, Bihar, Patna
2. The Director General of Police, Bihar, Patna
3. The Senior Superintendent of Police, Bihar
4. The Superintendent of Police, Samastipur
5. The Deputy Superintendent of Police, Patori Dist- Samastipur
6. The Station House Officer Bakhtiyarpur PS- Patna
7. The Station House Officer, Ujiyarpur PS-Samastipur
8. Nirmal Singh son of Late Ashok Singh R/o- HEC Sector -5, Ranchi Jharkhand P/A- Mahthi Ps- Ujiyarpur Dist- Smastipur
9. Meena Devi wife of Late Ashok Singh R/o- HEC Sector -5, Ranchi Jharkhand P/A- Mahthi Ps- Ujiyarpur Dist- Smastipur
10. Shrishti Kumari @ Soni wife of anshu Singh R/o- HEC Sector -5, Ranchi Jharkhand P/A- Mahthi Ps- Ujiyarpur Dist- Smastipur
11. Anshu Singh son of Raghuvansh Singh R/o- HEC Sector -5, Ranchi Jharkhand P/A- Mahthi Ps- Ujiyarpur Dist- Smastipur
12. Pushpalata Kumari D/o- Anshu Singh R/o- HEC Sector -5, Ranchi Jharkhand P/A- Mahthi Ps- Ujiyarpur Dist- Smastipur ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Dr. Kamal Deo Sharma, Advocate Mr. Mr.Amit Kumar, Advocate
Mr. Tushar Vaibhav, Advocate For the State : Mr.Prabhat Kumar Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
Patna High Court CR. WJC No.1832 of 2023(3) dt.23-06-2025 2/3 3 23-06-2025 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner has moved the Court for the following reliefs:
“That the petitioner craves indulgence of this Hon'ble Court for issuance of an appropriate writ in the nature of Mandamus or any other appropriate writ /writs, order /orders, direction /directions, command /commands directing the respondents-Ist Set to arrest the respondents-IInd Set who are accused of Bakhtiyarpur Police Station Case No. 124 of 2023 dated 21.03.2023 offences under Sections 341, 323, 498 (A), 506, 34 of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act, 1961.” In my opinion, no direction can be issued by this Court for the arrest of the accused persons of Bakhtiyarpur P. S. Case No. 124 of 2023, which has been registered under Sections 341, 323, 498 (A), 506, 34 of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act, 1961, in view of the law laid down by the Hon’ble Supreme Court in the case of Arnesh Kumar vs State of Bihar, (2014) 8 SCC 273. This Court has been informed that the petitioner has filed D.V. Case No. 52 of 2024, which is pending in the Court of A.C.J.M.-13, Patna. The A.C.J.M.-13, Patna is directed to expedite the hearing of the D.V. Case No. 52 of 2024 as the petitioner has
Patna High Court CR. WJC No.1832 of 2023(3) dt.23-06-2025 3/3 prayed for maintenance for herself and her minor daughter in that case. With the aforesaid observation and direction, this application is disposed of. P. Kumar (Sandeep Kumar, J) U T