IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.696 of 2008 MALTI DEVI Versus THE STATE OF BIHAR & ORS For the petitioner:- Mrs. Soni Srivastave, Advocate For the State:- Dr. Kumar Amitesh, J.C. to G.A.-VI For the C.B.I.:- Bipin Kr. Sinha, Sc. C.B.I. ----------- 5 08.09.2008 This application has been filed for issuance of a writ in the nature of mandamus commanding respondents to recover the petitioner’s daughter namely Smt. Rani Archana Singh. Further prayer has been made to issue an appropriate writ entrusting the investigation to the Central Bureau of Investigation. A complaint was filed in the court of Chief Judicial Magistrate, Patna that was referred to the Police for investigation under Section 156 (3) of the Code of Criminal Procedure and on that basis Gandhi Maidan P.S. Case No. 308 of 2007 was registered under Section 304B, 201 and 498A of the Penal Code. The case is under investigation of the State Police and we have been told that after investigation charge-sheet has been submitted under Section 498A of the Indian Penal Code. It seems that the State Government made - 2 - request for the investigation of the case by Central Bureau of Investigation. Said request of the State Government has been turned down by the Government of India by letter dated 16.7.2008. In the said letter Government of India has stated that the matter was examined in consultation with the Central Bureau of Investigation, which has intimated that this case is a simple case having no inter state or international ramification. In the light thereof according to the Government of India it has been found not feasible to entrust the case to the Central Bureau of Investigation. As regards the prayer of the petitioner for a direction to recover the petitioner’s daughter, it is worthwhile mentioning here that it is not the case of the petitioner that she is in the confinement of an individual or an authority of the State. In such circumstances, any direction to recover and produce the girl shall be absolutely futile. Our observation shall not be construed to mean that the State Police shall abandon its efforts to trace her out. In fact, it is the bounden duty of the State Police to - 3 - make efforts to trace her out. It is not the case of the petitioner that on account of extraneous consideration or involvement of person in high office or power in the State Government that the State Police is not investigating the case properly. In sum and substance, the allegation of the petitioner is that when after such a long time the State Police has not been able to elicit truth, trace out the lady they are incompetent and, therefore, the matter may be entrusted to the Central Bureau of Investigation. In my opinion, this cannot be a ground to direct investigation by the Central Bureau of Investigation. If this broad proposition is accepted, then a large number of cases which are not being detected by the State Police, have to be entrusted to the Central Bureau of Investigation. We are of the opinion that the ground set forth by the Government of India for not entrusting the investigation by the Central Bureau of Investigation, does not suffer from any arbitrariness. In the facts of the present case, we are not inclined to issue any direction - 4 - for investigation of the case by the Central Bureau of Investigation We do not find any merit in the application and it is dismissed accordingly. P.K. (Chandramauli Kr. Prasad, J.) (Dr. Ravi Ranjan, J.)