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2021 Supreme(Pat) 426

ASHWANI KUMAR SINGH, ARVIND SRIVASTAVA
Diwakar Rai – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Mr. Harish Kumar, Advocate, for the Appellant; Mr. Prabhu Narayan Sharma, AC to AG, Mr. Chandra Mohan Jha, Advocate, for the Respondent.

JUDGMENT

Ashwani Kumar Singh, J. - In the present application, the petitioner has prayed for issuance of a writ in the nature of habeas corpus for release of his son Raja Rai.

2. The petitioner submitted a written report on 19.02.2020 at 10.30 a.m. to the Station House Officer (for short 'SHO') of Manjhi Police Station, Saran alleging therein that on 09.02.2010 at about 7 p.m., one Ankit Singh son of Suresh Singh and one Ravi Kumar Singh son of Binod Singh, both residents of village- Tajpur, P.O. Phulwariya (Tajpur), P.S.-Manjhi, District- Chapra came to his house. His son Raja Rai, aged about 21 years, went together with them. As Raja Rai did return to his house till late at night, he started search for him. He inquired from his relatives, but failed to get his clue. When he wanted to inform the police, he was being threatened.

3. On the basis of the aforesaid written report, Manjhi PS. Case No. 42 of 2020 dated 19.02.2020 was registered under Sections 363 and 365 of the Indian Penal Code against Ankit Singh and Ravi Kumar Singh and investigation was taken up.

4. Since the petitioner's son Raja Rai could not be traced by the police, the instant habeas corpus writ petition has been fil

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