JUDGMENT :

Rajeev Ranjan Prasad, J.

This writ application was filed initially praying for issuance of a writ in the nature of a writ of habeas corpus commanding the respondents 2nd set to release the petitioner's minor daughter who was allegedly kept in illegal detention by the respondents 2nd set. A prayer was made to direct the official respondents/respondent 1st set to produce the victim girl before this Court.

2. The writ application was taken up for consideration on 14.12.2020. This Court noticed that the petitioner had instituted the First Information Report ('FIR') giving rise to Patliputra P.S. Case No. 273 of 2020 dated 01.08.2020 under Section 366A of the Indian Penal Code. The age of the victim girl was disclosed as about 16 years. Having found that after registration of the FIR, neither the victim girl had been recovered nor any other development had taken place, this Court called upon the Senior Superintendent of Police, Patna to submit a report to this Court with regard to the progress made in the case. A direction was also issued to record the statement of the victim girl by a woman police officer authorized by the Senior Superintendent of Police, Patna if not already recorded under Section 164 Cr.P.C.

3. On 18.12.2020, this Court while adjourning the matter to 22.12.2020 expected the respondents to take all steps for tracing out the missing girl. The Senior Superintendent of Police was also directed to remain present through virtual mode. On 23.12.2020, the police officer interacted with the court whereupon this Court directed him to file an affidavit indicating all the events which took place right from the time of the registration of the First Information Report.

4. Thereafter, a counter affidavit came to be filed on behalf of the official respondents. It has been sworn by the Senior Superintendent of Police, Patna. After narrating the facts as regards the registration of the FIR, it is stated in the counter affidavit that the I.O. acted swiftly in the matter and obtained a warrant of arrest against the absconding accused, the same was sent to the S.H.O., Kewati police station (Darbhanga) through Whatsapp. On secret information, the police party conducted a raid at the house of one Umesh Sah, in Indira Colony, Durga Mandir, P.S. Bahadurpur, Darbhanga where the accused and the victim girl were found present. The police arrested the FIR named accused and recovered the victim girl. It is stated that she was kept in safe custody of two lady constables.

5. The counter affidavit further provides the details in paragraphs 24', 25', 26', 27' and 28'. According to the statements made in these paragraphs, the victim girl was brought to Patliputra Police Station, Patna at 05:00 P.M. on 20.12.2020. She was kept in safe custody of lady constables. She was taken to Mahilla Police Station for recording her statement before a lady officer. Thereafter, she was brought back to Patliputra Police Station and was kept there. On 21.12.2020, police proceeded to file a requisition for recording the statement of the victim girl and such requisition was filed before the learned A.C.J.M. XII, Patna. The statement of the victim girl was recorded. A copy of the same has been placed on record. A perusal of the statement under Section 164 of the Code of Criminal Procedure (hereinafter referred to as the 'Cr.P.C.') would disclose that the victim girl has disclosed that she had gone with the accused because of the ill-treatment meted out to her by her parents. She expressed her desire to go with her parents but at the same time expressed apprehension that they may kill her.

6. According to the statements made in the counter affidavit, the investigating officer of the case filed requisition before the learned Court for grant of permission to get the victim medically examined. After getting permission, the police along with lady constables proceeded from learned court for the medical examination but due to the delay, the medical examination could not