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2026 Supreme(Online)(Pat) 467

PATNA HIGH COURT
Manju Kumari – Appellant
Versus
The State of Bihar through the Chief Secretary Govt. of Bihar Patna – Respondent
Cr. WJC-2693/2025



IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.2693 of 2025 Arising Out of PS. Case No.-552 Year-2023 Thana- RAMKRISHNANAGAR District- Patna ======================================================

Manju Kumari Wife of Late Ashwani Kumar Resident of House No 41 Village -Tetrawan P.O -Tetrawan P.S- Manpur Tetrawan District -Nalanda Bihar 803101 ... ... Petitioner/s Versus

1. The State of Bihar, through the Chief Secretary, Govt. of Bihar, Patna bihar

2. The Director General of Police, Govt. of Bihar, patna Bihar

3. The Senior Superintendent of Police, Dist- Patna, Bihar Bihar

4. The Sub Divisional Police Officer, Ram Krishna nagar, Patna Bihar

5. The Station House officer (SHO), Ramkrishna Nagar Police Station, Patna, bihar Bihar ... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Krishna Kumar, Advocate For the Respondent/s : Mr. Mrigendra Kumar, AC to GP-20 ======================================================

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA

ORAL JUDGMENT

Date : 12-01-2026 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of State-respondents.

2. The present writ petition has been filed seeking following relief(s):-

"I. Issue an appropriate writ of Mandamus, or any other appropriate writ, order or direction, commanding the Respondents to conduct further/Additional investigation in Ramkrishna Nagar P.S. Case No. 552/2023, particularly with respect to the threats made to the Petitioner on her mobile phone by Abhishek Kumar on 04/09/2023 at 9.55 p.m., as recorded in the charge sheet, in relation to her deceased son Ashutosh Kumar; for the role of Abhishek Kumar in the incident, has not been adequately investigated; and the Respondent's failure to incorporate the Petitioner as a Prosecution Witness or to produce her Call Detail Records (CDRs), despite specific mention of the same in the charge sheet;

II. And for the issuance of a writ of Mandamus, or any other appropriate writ, directing for a proper and fair investigation into the role of Komal and Shikha Kumari in the incident, inasmuch as the charge sheet itself records that the mobile location of komal bearing number 8292359787 was found within a distance of 300 metres from the place of occurrence at the relevant time and numerous calls were made by Abhishek Kumar to Shika Kumari on her mobile number 7488919934 emanating from the location of the occurrence. Call Detail Records (CDRs) of komal and Shikha Kumari, have not been produced thereby rendering the investigation incomplete and necessitating appropriate directions from this Hon'ble Court;

III. For grant of any other appropriate Writ, Order/Orders or Direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice."

3. From perusal of record, it transpires that Ramkrishna Nagar P.S. Case No. 552 of 2023, dated 05.09.2023 has been registered under Section 302/234 of the Indian Penal Code and Section 27 of the Arms Act on fardbeyan of Chaukidar Dina Paswan after recovery of a dead body. After investigation police made a number of persons as accused in this case and submitted charge sheet vide Charge Sheet No. 01/2024, dated 13.01.2024 and supplementary charge sheet vide Charge Sheet No. 233/25, dated 14.03.2025. The grievance of the petitioner is that one Abhishek Kumr and two ladies Komal and Shikha Kumari have not been made accused or police did not properly investigate the matter. However, these persons have not been made respondents in the present case.

4. Learned counsel for the petitioner submits that the investigation has not been made properly in the present case and the police authorities have failed to make the petitioner as a witness in the present case and further failed to investigate the phone record of the petitioner as well as one Abhishek Kumar and Komal. Though said Abhishek Kumar threatened the petitioner that the son

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