TITLE-Mayank Kumar Vs The State of Bihar &ors
Decided on-21/12/2023
+CR.WJC NO.229/2023
CORAM-HON’BLE JUSTICE RAJEEV RANJAN PRASAD
FACTS
As per the facts of the case The petitioner was an employee of the state bank of india at exhibition Road Patna.His case is that he came in a contact with Respondent no.8 was was a female constable in patna District Force and they become good friends and got into love affair.On 19/09/2020 private Respondent lodged a complaint alleging that she was sexually exploited by the petitioner on the pretext of marriage and being pressurized he married to the Private Respondent on 11/11/2020.Soon after their differences started and led to filing a Matrimonial case by the petitioner for seeking Divorce.As Respondent No.8 did not cooperate in a case she falsely implicated petitioner and logged a case registered under section 498A and 34 of the IPC with section 3and 4 of the Dowry Prohibition Act.Wereas the petitioner applied for the anticipatory bail in the court of learned sessions Judge in which he got an interim protection and directed that no coercive steps shall be taken against the petitioner till next date and it continues till next hearing on 13/12/2022.Were the petitioner was dragged from his house to Mahila Police Station with keeping him handcuffed by the Respondent no 6 and 7 with the Respondent no.8.So the writ petition has been filed seeking a direction restraining respondent no 6 from harrassing the petitioner and further insure a fair investigation in the matter as also to grant appropriate compensation to the petitioner and for other suitable relief.
Law Involved/ Legal Provisions
As writ petition has been filed i.e Article 226 of the Constitution of India which states that power of high court to issue certain writs and the main objective is to provide an inexpensive and a quick remedy to an aggrieved person.As here a writ petition is been filed seeking a direction restraining respondent no.6 from harassing and further to ensure a fair investigation in the matter to grant appropriate compensation and for grant of any other suitable relief/reliefs.
Issue raised
Whether the reliefs prayed in the application are fit to be granted?
THE Court analysis and decision
As per the Hon’ble court after hearing both the parties observed and state that the informant was not appearing in the anticipatory bail application on the various dates when the interim order of no coercive action was being extended by the learned court.It is the case of the petitioner that he had produced copy of the order before the I.O but with the writ application he has not enclosed any copy of the order of interim protection showing that he had obtained the certified copy of the said order from the court.Pursuant to the direction of this court The Director General of Police Bihar patna had got matter inquired into the administrative side and report submitted by the superintendent of Police Patna ,it is stated that the copy of the order granting interim protection was neither made available by the petitioner to the I.O at the time of arrest nor any communication to the office of Senior Superintendent of Police,Patna .This court cannot record a definite finding that the petitioner had produced a copy of the order granting interim protection to him before teg I.O at the time of his arrest because there is no statement in the writ application that he had obtained the order passed by the Learned Additional Sessions Judge.As writ Jurisdiction under Article 226 of the constitution of India,this court is of the considered opinion that unless the facts are crystal clear and lead to an irresistible conclusion that the arrest was in deliberate violation of the order of the court it would not be safe to indict the I.O and record a finding against her conduct.The court finds that relief prayed in the writ application are not fit to be granted in its extraordinary writ Jurisdiction in the present case However it will be open to the petitioner to seek his remedy before a competent court in appropriate Jurisdiction where he may be allowed to adduce evidence accordance with the law.The writ application is disposed of.
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Written by- Prachee
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