ORDER

Prima facie, we find there is no proper investigation conducted by the Investigating Officer. Therefore, Superintendent of Police, Samastipur is hereby requested to nominate good and efficient Police Officer as Investigating Officer. Thereafter, time limit should be stipulated to the newly appointed Investigating Officer to undertake further investigation in the matter and apprise this Court before the next date of hearing.

2. Relist this matter on 04.03.2024.

3. The Investigating Officer was required to apply his/her mind with different techniques in respect of interrogation. In order to elicit truth, such mechanism has not been followed by the present Investigating Officer. This court has come across ‘STANDARD OPERATING PROCEDURE FOR CASES OF MISSING CHILDREN’ which was notified on 23.11.2016. This procedure has not been followed by the Police department officials in respect of missing persons in the State of Bihar. In fact, Annexure – 1 to the aforementioned procedure is relating to ‘PROCESS TO BE FOLLOWED UPON RECEIPT OF MISSING CHILD COMPLAINT’ are as under:—

4. Guidelines for the investigation of kidnapping/missing/abduction cases in Delhi has been framed. Similar guidelines are not forthcoming in the State of Bihar. Further, advisories issued by the Ministry of Home Affairs on 10.05.2013 pursuant to the Hon’ble Supreme Court decision in the case of Bachpan Bachao Andolan vs. Union of India in Writ Petition (Civil) No. 75 of 2012, the following directions have been issued:—

“1. If a police station receives a complaint about any missing children, the complaint should be reduced to a First Information Report, and appropriate procedures should be taken to ensure that a follow-up investigation is conducted as soon as possible.

2. There shall be an initial presumption of either abduction or trafficking in the instance of any missing kid reported until the inquiry proves otherwise.

3. When a police officer receives a report about a missing child, he or she must investigate it under Section 154 of the Code of Criminal Procedure. Continue with the investigation into the complaint even in the case of complaints made otherwise concerning a child that may fall within the scope of Section 155 CrPC, after making an entry in the book to be kept for Section 155 CrPC and after referring the information to the Magistrate concerned.

4. Upon receipt of the information recorded under Section 155 CrPC, the Magistrate shall continue to take appropriate action under sub-section(2)in the meantime, particularly if the complaint concerns a child, particularly a girl child.

5. According to Section 63 of the Juvenile Act, each police station should have at least one officer who is professionally trained and recognised as a Juvenile Welfare Officer. In shifts, the Special Juvenile Officer on duty at the police station should be present.

6. Paralegal volunteers, who have been recruited by the Legal Services Authorities, should be used such that at least one paralegal volunteer is present at the police station at all times to monitor how complaints about missing children and other crimes against children are handled.

7. The State Legal Services Authorities should also establish a network of non-governmental organisations (NGOs) whose services might be used at all levels for the aim of locating and reuniting missing children with their families, which should be the primary goal when a missing child is found.

8. Every found/recovered child must be photographed by the police as soon as possible for advertising purposes and to notify the child’s relatives/guardians that the child has been found/recovered.

9. Photographs of the discovered child should be made available on the website, in newspapers, and even on television so that the parents of the missing child may track down their child and reclaim him or her from police custody.

10. When trafficking, child labour, abduction, exploitation, and other issues are revealed during the investigation or after the reco