The State is obligated to ensure a prompt, effective, and sensitive response in cases involving missing children; a prolonged failure to recover a child indicates a deficiency in the investigative process and a poor state of affairs.

ORAL ORDER

(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

3 04-02-2026 Following is the relief sought for in the present writ application:-

(a) For Issuance of a direction, order or writ including writ in the nature of Habeas Corpus, directing the respondent authorities. specially the Respondent Nos. 2 to 6, to recover the petitioner's 7 years minor son (corpus) from illegal custody of the person (s)/private respondent nos. 7 to 9 (accused in Shikarpur P.S. Case No. 647 of 2025), and to hand over the custody of the 7 years minor victim boy (corpus) to the petitioner/legal guardian.

(b) For issuance of a direction, order or writ, including writ in the nature of Mandamus, directing the Respondent authorities, to handover the investigation of Shikarpur P.S. Case No. 647 of 2025 concerning the missing minor boy namely Fiyaz Alam, to the Criminal Investigation Department (CID), Bihar, or any other competent investigating agency, to ensure an and thorough independent, impartial, investigation into the circumstances leading to the minor's illegal custody, recovery, and protection and to ensure fair, proper, and expeditious investigation in accordance with law.

(c) For Issuance of a direction, order or writ, including writ in the nature of Mandamus, directing and Commanding the respondents to take Disciplinary action against the officer, who at the relevant point of time failed to act in accordance with the law and had not taken any action to find the Minor victim Child and to initiate criminal action against the culprits.

2. A counter affidavit has been filed on behalf of Respondent No.3, bringing on record the steps stated to have been taken for tracing the missing boy. The relevant extract of the same is reproduced hereinbelow:-

14.That in order to recover the missing child of Petitioner several steps have been taken by the respondent authorities:-

(A) It is submitted that immediately upon the receipt of information of missing child, intensive search operation was carried out by the police for continuous 3 days in village mangarahi and bariya. Apart from it, inquiries were also made from family members and villagers with regard to missing child.

(B) It is submitted that help of dog squad team was also taken in carrying out search at the place of occurrence and in the nearby village area.

(C) It is submitted that senior police officers are regularly monitoring and giving directions for recovery of missing child of petitioner by holding camp.

(D) Necessary information was sent to all police stations on 25.06.2025, with regard to missing child.

(E) Photographs/posters regarding the missing child have been pasted around the local railway station Narkatiaganj and Bettiah station, bus stand and other public places/hospitals, photocopies of which are enclosed herewith.

(F) After the incident, the mobile details of the suspects and the Dump data near the incident site were also extracted and analysed but no evidence could be found.

(G) Information/advertisement has been circulated on social media to reward the person giving information regarding the missing child with Rs 10,000/- (ten thousand).

(H) The Superintendent of Police, West Champaran, Bettiah, through letter no 1123/D.C.B dated 13.10.2025, has sent the photograph of the missing child to the Criminal Investigation Department, Bihar, Patna, for publication by the CIG, a photocopy of which is enclosed. Also, through the said letter all Superintendents of Police of Bihar State have been requested to direct the Station House Officers in their respective areas to trace the missing person.

(I) The Superintendent of Police, West Champaran Bettiah, through his office letter no 1264/D.CB dated 21.11.2025, h