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2021 Supreme(Pat) 860

ASHWANI KUMAR SINGH, RAJEEV RANJAN PRASAD
Bibi Darakhshan Firoz Wife of Md. Firoz Alam – Appellant
Versus
State of Bihar through the Director General of Police, Govt. of Bihar, Patna Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Syed Masleh Uddin Ashraf, Adv.
For the Respondent: Mr. Prabhu Narayan Sharma, Mr. Shailendra Kumar Singh, Adv.

JUDGMENT :

ASHWANI KUMAR SINGH, J.

Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the respondent nos.6 and 7.

2. The instant application has been filed by the mother of respondent no.7 for issuance of a writ in the nature of habeas corpus directing respondent nos.2 to 6 to produce respondent no.7 in the Court. The contention of the petitioner is that respondent no.7 is a student of B.A. Part-2 in B.N. College, Patna. She was staying in Shahin Girls Hostel, Ramna Road, Patna. She became traceless from her hostel from 07.12.2019. Despite all sincere efforts, she could not be traced out. Hence, on 11.12.2019, Pirbahore P. S. Case No. 631 of 2019 was instituted under Sections 363 and 364 of the Indian Penal Code on the basis of a written report submitted to the S.H.O. of Pirbahore Police Station by Md.Tanvir Alam, the maternal uncle of respondent no.7, who was her local guardian.

3. In the written report, Md. Tanvir Alam stated that his niece Resham Firoz (Respondent No.7), aged about 19 years, daughter of Md. Firoz Alam, resident of Village-Chikni, P.S. Sour Bazar, District-Saharsa, a student of B.A. Part-2 of B.N.College, Patna was pursuin

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