IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.984 of 2011 Prabhawati Devi w/o Chhathu Mali @ Chhathu Bhagat, resident of village Chainpur, P.S. Bhagwanganj, District- Patna. …………. Petitioner. Versus 1.The State Of Bihar . 2. District Magistrate, Patna. 3. D.G.P.,Patna. 4. S.P.,Patna. 5. The Police Officer of Pirbahore Police Station. 6. The Police Officer of Gandhi maidan Police Station. ……………Respodnents. ----------- 4 24/10/2011 Heard the parties. The petitioner alleges that on 5.9.2011, her husband had gone to depose in Civil Courts at Patna. In para 5 of the writ petition she states that when he was returning along with some other persons, some police personnel allegedly from Gandhi Maidan Police Station caught him and took him away. He is traceless. She filed a petition before the learned Chief Judicial Magistrate, which was registered as Miscellaneous Case no. 220(M)/2011 with regard to disappearance of her husband at the instance of Patna police. The learned Chief Judicial Magistrate called for response from the police. Having no response, the petitioner approached this Court upon this allegation. A counter affidavit has been filed stating that the whole story set up by the petitioner is false. It is stated that on 11.9.2011 itself the petitioner had given a written report to the Bhagwanganj Police Station with regard to disappearance of her husband on 5.9.2011. On basis of which Bhagwanganj P.S.Case no. 53 of 2011 was registered under Section 364/34 IPC. In the said report she has categorically - 2 - named the persons with whom her husband had gone and whom she suspected to have abducted her husband. It is thus submitted on behalf of the State that suppressing this fact, the present writ petition has been filed. In the counter affidavit it is further submitted that the petitioner’s husband was a veteran criminal and accused in major offences over ten in number. It is also stated therein that decomposed dead body of petitioner’s husband was recovered on 30 .9. 2011, which was identified by the petitioner herself by his teeth. Investigation is almost complete only it awaits D.N.A test for confirmation of the dead body. In other words, it is submitted that the story set up by the petitioner that it was police who took away her husband was palpably false. In that facts and circumstance case of the case, we are not inclined to interfere in the writ petition, which is accordingly dismissed. singh (Navaniti Prasad Singh,J) (Ashani Kumar Singh,J)