LAWS(PAT)-2009-11-83

SHARDA SAHAY @ SHARDA SHRIVASTAVA Vs. STATE OF BIHAR

Decided On November 16, 2009
Sharda Sahay @ Sharda Shrivastava Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HOW ridiculous and irresponsible the State police can be is exemplified by this case. Janta Bazar P.S. Case No. 12/2006 was registered in District -Saran at Chapra. It was registered by the informant alleging that her two granddaughters were under her care aged about 13 and 14 years. They were kidnapped for immoral purpose. The case was as such instituted on 13.3.2006 for an offence under Sections 363/366(A)/34 IPC. Petitioner, who is aged about 36 years old, married for almost two decades, having children was being interrogated by the police at Patna alongwith her elder sister, who is aged about 40 years as being allegedly the two girls who were said to have been kidnapped. How the petitioner and her elder sister are being misunderstood as 13 and 14 years old having been kidnapped is any body 'sguess. What is the consideration for such an absurd stand is also any body 'sguess. All that I can say is that it speaks volume about investigating agency. The ridicule does not end there. In para 9 of the counter affidavit police states that having interrogated the petitioner and her elder sister at Patna, they went back to Chapra and got persons from there to identify the petitioner and her sister. I wonder why? Either the police had some other mala fide intention or some other extra -constitutional demand. I fail to understand how ladies who are in their late thirties can be taken to be girls of 13/14 years age. In my view, no right minded persons can make this mistake much less bona fide.

(2.) SEND a copy of this order to the Director General of Police, Bihar, who would look into the competency of the police officers investigating this matter and take a decision appropriate to their competence and appropriate to the facts involved, not to mention the harassment caused for this unruly and undeserved interrogation. With the above observations and directions this application stands disposed of.