RASHMI KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Dinu Kumar, learned counsel appearing on behalf of the petitioner and Mr. P.N. Sharma, learned AC to learned Advocate General representing the State of Bihar.

(2.) The petitioner is related to one Saket Bhushan, who has been described in the present writ petition as "maternal devar" of the petitioner.

(3.) In nutshell, it is the petitioner's case is that Saket Bhushan was arrested either by the officials of Khagaul Police Station or a Special Investigation Team(SIT) on 31/1/2021 at 8:30 pm from 'Patna Tyre Mall' situated near 'Saguna Morh' in connection with a murder case. The petitioner has filed the present writ application with a grievance that immediately after his arrest on 31/1/2021, said Saket Bhushan was not produced before the Judicial Magistrate and even after expiry of 24 hours of his arrest he had not been produced before the Magistrate. It is the petitioner's case that the arrest and detention of Saket Bhushan is illegal and contrary to the law laid down by the Supreme Court in case of D.K. Basu vs the State of West Bengal reported in (1997) 1 SCC 416. The petitioner is accordingly seeking a declaration to the aforesaid effect and a direction commanding the respondents State of Bihar to produce him forthwith. The petitioner is seeking a further direction to award due compensation to the petitioner/ Saket Bhushan to recompense his illegal detention after his arrest without producing him before the concerned Magistrate within 24 hours from his arrest on 30/1/2021 at 8:30 pm.