IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1454 of 2023

Arising Out of PS. Case No.-381 Year-2022 Thana- LAHERIYASARAI District- Darbhanga

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Malo Devi Wife Of Ravi Sah R/O Ward No. 35, Benta Chouk Ahila, Ps-

Dmch., Dist- Darbhanga

... ... Petitioner/s

Versus

1.

The State Of Bihar Through The Home Secretary, Patna, Govt. Of Bihar

Bihar

2.

The Director General Of Police, Patna, Bihar Bihar

3.

The Senior Superintendent Of Police, Darbhanga Bihar

4.

The Superintendent Of Police, Sadar, Darbhanga Bihar

5.

The Deputy Superintendent Of Police, Land Border, Darbhanga Bihar

6.

The S.H.O. (Investigation Officer) Laheriyasarai Ps- Darbhanga Bihar

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Dhananjay Kumar Pandey, Advocate

For the Respondent/s

:

Mr. P.K.Shahi, A.G.

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI

and

HONOURABLE MR. JUSTICE RAMESH CHAND

MALVIYA

Patna High Court CR. WJC No.1454 of 2023(4) dt.05-12-2023

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ORAL ORDER

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

4

05-12-2023

In the instant petition, the petitioner has prayed for

following relief:

(1) That, this Criminal writ petition is

going to file in nature of Habeous corpus for

directing he respondents specially respondent

who is the investigating officer of Laheriyasarai

P.S. Case No. 381/22 registered on 11.8.2022

u/s-363 and 366 (A) I.P.C. and 8/12 of POCSO

Act to produce the minor daughter of the

petitioner who was kidnapped by the named

accused persons in F.I.R. on 06.07.2022 till date

victim girl is trace less.

Further direction to the investigating

officer to do proper investigation of

Laheriyasarai P.S. Case No. 381/22 and take

proper action against the accused persons who

kidnapped the daughter of the ignorant, who are

moving here and there with connivance of the

police and give threatening the petitioner and

his family members to withdraw the case and

produce the minor victim girl the daughter of

Informant.

2. Counter affidavit has been filed on behalf of the

Respondent Nos. 3 to 6 in which they have stated that corpus

was secured on 28.10.2023. Para-17 of the counter affidavit

reads as under:

“That Kidnapped victim Sapna

Patna High Court CR. WJC No.1454 of 2023(4) dt.05-12-2023

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Kumari has been recovered with her three

months old son Raushan Kumar on

28.10.2023 at 12:35 Hrs. from Village-

Godiha, P.S- Noorsarai, District-Nalanda by

S.I.T Team with the help of Technical Cell.”

3. Further necessary action should be taken in

accordance with the relevant statute, if there is any in-action

on the part of the police authority, petitioner is at liberty to

file writ petition.

4. Insofar as, in-action in respect of Laheriyasarai

P.S Case No. 381 of 2022 registered on 11.08.2022, under

Sections 363, 366 (A) of the I.P.C and 8/12 of POCSO Act,

concerned officials are requested to expedite the matter in

the interest of litigant.

5. With the above observation present petition

stands disposed off.

Mayank/-

(P. B. Bajanthri, J)

( Ramesh Chand Malviya, J)

U