5-Yr-Old Girl's Kidnapping Case | Police Probe Not Satisfying, Explain Why Case Shouldn't Be Transferred To CBI: Patna HC To Muzaffarpur SSP

The Patna High Court has directed the Senior Superintendent of Police, Muzaffarpur to show cause as to why the case related to the kidnapping of a 5-year-old girl be not referred to the Central Bureau of Investigation.

The Court ordered thus while hearing a matter relating to the kidnapping of the six-year-old daughter of the petitioner (Rajan Sah), named Khushi who is still to be traced. The Court noted that the probe made by the state police was not satisfying.

The bench of Justice Rajeev Ranjan Prasad ordered thus:

"The facts stated therein are not satisfying this Court with regard to the efforts made by the investigating agency towards recovery of the victim. Let the Senior Superintendent of Police, Muzaffarpur personally swear an affidavit giving the details of the action taken at his end towards the recovery of the victim girl and further if he is of the opinion that the investigating agency is not able to make headway towards the recovery of the victim then why this case be not referred to the Central Bureau of Investigation. Let the counter affidavit of the Senior Superintendent of Police be filed within two weeks i.e. on 1st September, 2022..."

Essentially, on 16 February 2021, the five-year-old daughter of vegetable vendor Rajan Sah/petitioner was kidnapped from the Saraswati Puja pandal in Brahmpura. His father/petitioner filed a petition in the High Court regarding her recovery. 

While hearing the matter on July 14, 2022, the Court was informed by the Senior Superintendent of Police, Muzaffarpur that he was personally supervising the whole investigation, had constituted a fresh SIT, and had made certain plan to take efforts towards the recovery of the victim girl. However, on August 16, the Court found the probe as 'not satisfying'.

It may be noted that hearing the case on June 28, the Court had made some glaring observations regarding the facts of the case and the modalities adopted by the state police while probing the matter. 

Perusing the case diary, the Court had noted that the first I.O. and thereafter the second I.O. had only done the paperwork and they had repeatedly recorded ornamental observations that despite all efforts no information could be gathered about the missing girl.

The Court had further noted that one of the prime suspects in the matter, Akash Kumar, who had asked for Rs. 1 Lakh from the petitioner for the purpose of furnishing the whereabouts of the missing girl, was allowed to go on P.R.. bond at the instance of the Dy.S.P. and no further step had been taken to verify his claim.

"To this Court, prima-facie, it appears that the I.O., as well as the Dy.S.P., have not given much attention to this Court and the fact that a 6 years old girl has been kidnapped has not sensitized these police officers to act swiftly to recover the girl. This Court called upon the Dy.S.P. to say as to whether he has prepared the list of the orchestra players in the locality, the Dy.S.P. has no answer to that. This becomes relevant because one of the suspects had claimed that the victim girl was seen in the company of a orchestra party...In the opinion of this Court, the Dy.S.P. seems to have neglected this case so far and the delay on the part of the Dy.S.P. in constituting the SIT in itself would be a matter to be considered later on to find out whether the Dy.S.P. or any other officer dealing with this matter has acted negligently in not paying attention to the present case," the Court had remarked.

Further, the Court had also directed the Senior Superintendent of Police, Muzaffarpur to review the matter immediately and constitute a fresh SIT as per his own wisdom and personally supervise the investigation of the case with some professional kind of investigation to find out the whereabouts of the victim girl.

Case title - Rajan Sah @ Rajan Kumar v. The State of Bihar through the D.G.P., Bihar, Patna & & Ors

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