Anjani Kumar Vs The State of Bihar Through Principal Secretary, Dept. of Home, Governement of Bihar, Patna — Patna HC (2025) — LawSathi Research

Anjani Kumar Vs The State of Bihar Through Principal Secretary, Dept. of Home, Governement of Bihar, Patna — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: investigation transferred to the Anti Human Trafficking Unit, Nawada (or, if none there, to the Anti Human Trafficking Unit, Patna); Officer-in-charge of the Anti Human Trafficking Unit to constitute a Special Investigating Team for further investigation; SIT to submit quarterly reports to the High Court for monitoring.

Issue for consideration

Whether, the victim girl having remained untraced for more than six months, the investigation of the case should be transferred to the Anti Human Trafficking Unit. +1 more

Court's answer

More than six months having elapsed since the victim went missing, the Court directed that the investigation of the case be transferred to the Anti Human Trafficking Unit, Nawada.

Ratio / Principle

If no Anti Human Trafficking Unit exists at Nawada, further investigation of the case shall be transferred to the Anti Human Trafficking Unit of Patna.

Key takeaways

The Officer-in-charge of the Anti Human Trafficking Unit shall constitute a Special Investigating Team for further investigation of the case.ratio¶27
Further investigation of the case shall be carried out by the Special Investigating Team so constituted.ratio¶29
Though the matter stands disposed of, the Special Investigating Team shall submit quarterly reports in the Court stating the course of investigation, so that the investigation remains subject to monitoring by the Court.ratio

Detailed headnote1 paragraphs

Patna High Court (Bibek Chaudhuri, J.; oral order dated 08-04-2025) in Criminal Writ Jurisdiction Case No. 2227 of 2024: The petitioner, father of a minor girl missing on and from 29-07-2024, sought proper investigation and recovery of his daughter. The F.I.R. lodged on 30-07-2024 was registered as Nawada Town P.S. Case No. 879 of 2024 for offences punishable under Sections 137(2)/140(3) of the B.N.S. Act. Despite interrogation of the girl's friends and associates, the police could not trace her; the petitioner contended it was a case of human trafficking, while the State submitted that no stone had been left unturned. Observing that more than six months had elapsed, the Court disposed of the petition directing transfer of the investigation to the Anti Human Trafficking Unit, Nawada, or, if no such unit exists at Nawada, to the Anti Human Trafficking Unit, Patna, whose Officer-in-charge was to constitute a Special Investigating Team for further investigation. Retaining supervisory jurisdiction despite disposal, the Court directed the SIT to submit quarterly reports on the course of investigation so that the investigation could continue to be monitored by the Court.

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.2227 of 2024

Arising Out of PS. Case No.-879 Year-2024 Thana- NAWADA District- Nawada

======================================================

Anjani Kumar Son of Ram Jatan Singh village- Goni, Ps- Muffasil, DistNawada

... ... Petitioner/s

Versus

The State of Bihar Through Principal Secretary, Dept. of Home, Governement of Bihar, Patna

The Director General of Police, Govt. of Bihar, Patna

The Inspector General of Police, Magadh Range, Gaya

The Superintendent of Police, Nawada

The Sub-Divisional Police Officer, Nawada

The Station House Officer, Town Ps, Nawada

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Deepak Kumar, Adv. For the Respondent/s : Mr. Standing Counsel-22 ======================================================

CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER

4 08-04-2025

Unfortunate father of a missing girl is the petitioner in

this case praying for proper investigation and recovery of the missing minor girl.

The victim girl was missing on and from 29^th July, 2024. The F.I.R. was lodged on 30^th July, 2024 leading to registration of Nawada Town P.S. Case No. 879 of 2024, dated 30^th July, 2024, for the offence punishable under Sections 137(2)/140(3) of the B.N.S. Act.

The victim girl has not been traced out as yet. Though the de-facto complainant rendered all help and

Patna High Court CR. WJC No.2227 of 2024(4) dt.08-04-2025 2/3

assistance to the Investigating Officer as per the requirement for the purpose of investigation.

It is submitted by the learned Advocate for the petitioner that initially Police was of the opinion that the girl was eloped as a result of some love affair. Subsequently, the friends and associates of the victim girl was interrogated by the Police, but no trace of her was available.

It is contended on behalf of the petitioner that this is a case of Human Trafficking and the victim girl was trafficked by some unknown miscreants.

The learned advocate on behalf of the State/respondents submits that during investigation Police left no stone unturned to find out the victim girl, but she could not be recovered.

The victim girl is missing since 29^th July, 2024, more than six months have elapsed, therefore, this Court directs that the investigation of this case be transferred to the Anti Human Trafficking Unit, Nawada.

If no Anti Human Trafficking Unit shall be at Nawada, further investigation of this case would be transferred to the Anti Human Trafficking Unit of Patna and the Officer-incharge of the Anti Human Trafficking Unit shall constitute a

Patna High Court CR. WJC No.2227 of 2024(4) dt.08-04-2025 3/3

Special Investigating Team for further investigation of this case.

With the above direction, the instant criminal writ

petition is disposed of.

Though, the matter is disposed of, the Special Investigating Team is directed to submit a quarterly report in this Court stating the course of investigation, so that the investigation may be monitored by this Court.

(Bibek Chaudhuri, J)

pravinkumar/-

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