ASHWANI KUMAR SINGH
Veena Devi – Appellant
Versus
State of Bihar – Respondent
By the present writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner, Veena Devi seeks quashing of the order dated 6.6.2014, passed by the learned Judicial Magistrate, 1st Class, Begusarai, in Bhagwanpur P. S. Case No. 49 of 2014, whereby a warrant of arrest has been issued against the petitioner.
2. The relevant facts of case are as under:-
(a) One Narendra Thakur lodged a report with Bhagwanpur Police Station on 7.3.2014 that on 6.3.2014 at about 6 p.m., his niece Rani Kumari, aged about 8 years, had gone outside the house to play but did not return.
(b) On the basis of the aforesaid information, a missing person report was entered in the station diary of the Police Station on 7.3.2014. As the victim could not be located, the informant suspected that some unknown criminal might have kidnapped her.
(c ) Accordingly, on the basis of a written report, dated 8.3.2014, submitted by Narendra Thakur, Bhagwanpur P. S. Case No. 49 of 2014, was registered under Sections 364 and 372/34 of the Indian Penal Code (for short IPC) against unknown and investigation was taken up.
(d) In course of investigation, the petitioner was detained by the police
Smt. Selvi & Ors. vs. State of Karnataka [(2010) 7 SCC 263 : AIR 2010 SC 1974
Maneka Gandhi vs. Union of India [1978 (1) SCC 248]
Nandini Satpathy vs. P. L. Dani & Anr. [(1978) 2 SCC 424
M. P. Sharma & Ors. vs. Satish Chandra & Ors. [AIR 1954 S.C. 300]
State of Bombay vs. Kathi Kalu Oghad [AIR 1961 SC 1808]
Inder Mohan Goswami and Anr. vs. State of Uttaranchal & Ors. [(2007) 12 SCC 1]
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