CID Itself Dependent On Govt & Other Agencies, Has Little Resources: Patna High Court While Transferring Missing Girl Probe To CBI

Taking a firm stance against the Muzaffarpur police for its failure to recover a college student who was allegedly abducted nearly two years ago, the Patna High Court has now transferred the case to the Central Bureau of Investigation (CBI).

The case which was initially registered under Sections 363 (Punishment for kidnapping) and 365 (Kidnapping or abducting with intent secretly and wrongfully to confine person) of the Indian Penal Code, was first handled by the Bihar Police and later by the CID; however, the investigation yielded no significant progress.

Justice Rajeev Ranjan Prasad, presiding over the case, expressed concern regarding the CID's ability to resolve the matter, noting, “...this Court is of the considered opinion that at this stage, the CID seems to be in a position from where it may not be able to crack this case and the agency itself is dependent on various other agencies and the Department of the Government, therefore, there is some issue of coordination as well. This Court, therefore deems it just and proper in the interest of justice that the investigation of this case be handed over to the Central Bureau of Investigation.”

The victim's father, who had filed the writ petition, stated that his daughter left home for college in the morning of December 12, 2022, but has not been seen since.

The girl's disappearance was reported to the police by her maternal grandfather, after which an FIR was filed. The petitioner, dissatisfied with the initial response of the police, stated that the investigating officer went on leave soon after he was assigned the case, and no immediate steps were taken to locate the missing girl.

Seeing the lack of progress, the petitioner wrote to the Director General of Police, Bihar, and the National Human Rights Commission (NHRC), which then requested action and an action-taken report from the concerned authorities. When despite these efforts, six months passed without any trace of the missing girl, the petitioner approached the High Court for intervention and requested the transfer of the case to the CBI.

On July 27, 2023, the writ application was taken up for consideration by the Patna High Court, which noted the petitioner's grievances and called for a detailed counter affidavit from the Superintendent of Police, Muzaffarpur. Over the course of subsequent hearings, the court monitored the CID's investigation, granting multiple adjournments in the hope of a breakthrough. However, no significant progress was made in locating the victim.

When the case was taken up for hearing recently, the Court observed, “Today, when the writ application was taken up for consideration and this Court wanted to know further progress, Mr. Daljeet Singh, the DIG, CID, who is present in person, has stated that despite his all efforts, no significant progress could be made in this case and whereabouts of the victim could not be traced. This Court has also been informed that what happened to the victim girl is still not known.”

“This Court could sense from the submissions made today on behalf of the CID that perhaps nothing more remains to be done at their end and they do not have further expectations to unearth the truth. It is stated that they depend upon the information which are to be received from the other agencies and the Ministry of Home Affairs,” the Court added.

The petitioner's counsel argued that despite ample time given to the CID, the investigation had made no substantial progress, remaining stagnant since the SSP Muzaffarpur filed the counter affidavit. It was submitted that, although the DIG, CID claimed to have made significant efforts, the case seemed unlikely to be resolved, especially given the CID's limited resources and its challenges in coordinating with various agencies and the Ministry of the Government of India.

In light of these circumstances, the counsel stated that the only viable option was to transfer the investigation to the Central Bureau of Investigation (CBI), a central agency better equipped to coordinate with other agencies and the Ministry.

The AAG contended that while the CID had done its best within its capacity, he had no objection if the Court found it appropriate to hand over the case to CBI for further investigation.

The Court has directed the Director of CBI to take charge of the case and formulate a plan for further investigation.

“The records of investigation so far shall be handed over by the CID, Bihar to the competent officer who will be deputed by the Central Bureau of Investigation for this purpose,” the Court further ordered, along with the transfer of all records to the CBI.

The matter is scheduled for further hearing on October 18, 2024.

Case Title: Sanjay Kumar Male vs. The State of Bihar and Ors

Click Here To Read Order