Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.998 of 2011 ====================================================== 1. Lakshami Devi W/O Late Mathura Prasad Singh, resident of village- Bhuswar Dih, P.S. Bibhutipur District Samastipur .... .... Petitioner/s Versus 1. The State Of Bihar through Secretary, Hone Department, Bihar, Patna 2. 2.The Director General of Police, Bihar, Patna 3. The Inspector General of Police, Bhagalpur Zone, Bhagalpur 4. The Deputy Inspector General of Police, Munger Range at Munger 5. The Superintendent of Police, Begusarai 6. The Deputy Superintendent of Police, Begusarai 7.The Officer-in-Charge, Begusarai Town Police Station, Begusarai 8.The Officer-in-Charge, Lohia Nagar O.P., Begusarai. .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 02-11-2012 The son of the petitioner, namely, Amul Kumar, went missing on 10.4.2011. It has been stated that the petitioner submitted a written report to the officer-in-charge, Lohia Nagar O.P., Begusarai on 16.4.2011 in this regard but since no action was taken by the police, a complaint was filed in the court of learned Chief Judicial Magistrate, Begusarai on 25.4.2011. The learned Chief Judicial Magistrate, Begusarai referred the said complaint to the police under section 156(3) of the Code of Criminal Procedure in order to investigate into the matter. Accordingly, Begusarai (Lohia Nagar) Town P.S. Case No.285 of 2011 dated 9.8.2011 was registered under [STATUTE] against unknown accused persons. While the case is under investigation, a writ petition has been filed by the Patna High Court CR. WJC No.998 of 2011 (3) dt.02-11-2012 2 petitioner with a prayer to direct the respondent-authority to investigate properly the aforesaid Begusarai (Lohia Nagar) Town P.S. Case No.285 of 2011. A counter affidavit has been filed on behalf of respondent nos. 5 to 8. A separate supplementary counter affidavit has also been filed on respondent no.8. It has been stated on behalf of the respondents that inspite of best efforts made by the investigating agency, the victim could not be traced out so far. The investigation is being carried out in proper manner and steps are being taken for recovery of the victim. In that view of the matter, there is no reason to doubt that the police would not be investigating the case properly. It is expected that the investigating agency would take all possible steps in order to recover the victim and bring the case to its logical end. With these observations, the writ petition is disposed of. Md.S./- (Ashwani Kumar Singh, J)

Applicable IPC Section: 364

Statute Text:
Section 364 of the Indian Penal Code. Kidnapping or abducting in order to murder. Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.