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2021 Supreme(Pat) 441

ASHWANI KUMAR, ARVIND SRIVASTAVA
Anita Devi – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Mr. Vinay Kumar Mishra, Advocate, for the Appellant; Mr. Prabhu Narayan Sharma, AC to AG, for the Respondent.

JUDGMENT

Ashwani Kumar Singh, J. - In the present writ petition, the petitioner has prayed for issuance of a writ in the nature of habeas corpus for release of one PK and her son aged about five months.

2. The petitioner claims herself to be the mother-in-law of the aforesaid PK.

3. The mother of the aforesaid PK namely, SD submitted a written report on 06.09.2019 to the Officer-in-charge of Kamtoul Police Station, Darbhanga wherein she stated that when her minor daughter aged about 13 years, a student of class-VIII, had gone out of her house to attend the call of nature, her co-villagers, namely, Birendra Kumar Sahni, Govind Sahni, Ganesh Sahni and Wakil Sahni forcibly abducted her. They took her on a motorcycle to some unknown place. She raised apprehension that the aforesaid persons may push her daughter in immoral activity or kill her.

4. On the basis of the aforesaid written report, Kamtoul PS. Case No. 133 of 2019 dated 06.09.2019 was registered under Section 366-A read with 34 of the Indian Penal Code and Sections 4 and 8 of the Protection of Children from Sexual Offences Act against Birendra Kumar Sahni, Govind Sahni, Ganesh Sahni and Wakil Sahni and investigation was taken up.

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