Case Facts:
Patna High Court CR. WJC No.782 of 2011 (3) dt.04-10-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.782 of 2011 ====================================================== Rashid Ahmad S/O Late Abdul Jalil Resident Of Mohalla- Faizul Khan, P.S.- Laheriasarai, Distt.- Darbhanaga .... .... Petitioner Versus 1. The State Of Bihar 2. The Director General Of Police Patna, Bihar 3. The Inspector General Of Police Darbhanga 4. The Dy. Inspector General Of Police Darbhanga 5. The Senior Superintendent Of Police Darbhanga 6. The Superintendent Of Police Darbhanga 7. The City Superintendent Of Police Darbhanga 8. The Deputy Superintendent Of Police Darbhanga 9. The Station Head Officer Of Police Station Laheriasarai, Darbhanga 10. The Investigating Officer, Shri Bindeshwar Ram A.S.I. Police Station Laheriasarai, Darbhanga 11. The Investigating Officer, Shri Digambar Prasad A.S.I. Police Station Laheriasarai, Darbhanga .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Umapati Jha, Advocate. For the Respondents : Mr. Radhika Raman, G.P-23. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 04-10-2012 Heard the parties. The petitioner is informant of Laheriasarai P.S.Case No.219 of 2010 dated 01.06.2010 instituted under [STATUTE] against nine accused persons. The writ petition has been filed by the petitioner for recovery of his daughter and for arrest of those who are involved in the crime of kidnapping and other consequential reliefs. The state has filed its counter affidavit, in which it has been stated that the petitioner in his further statement stated that Patna High Court CR. WJC No.782 of 2011 (3) dt.04-10-2012 2 named accused Rizawanullah, Sanaullah, Amanullah, Anjar Ahmad, Md. Alam and Md. Akhtar are innocent, and due to confusion they were made accused in the written FIR. The wife of the petitioner in her statement under Section 161 of the Code of Criminal Procedure has also stated that the aforesaid six persons are innocent. The investigating officer of the case, in course of investigation, sought non bailable warrant of arrest against unnamed accused Heena Parvin. Another named accused Md. Nayyar has already been arrested by the police and chargesheet has also been submitted against him and unnamed accused Heena Parvin. The state has also filed a supplementary counter affidavit duly sworn by the Deputy Superintendent of Police in which, it has been stated that accused Jaishan Ahmad and Yaslin Khatoon were taken on police remand and interrogated but they have also not given any clue about the victim girl. The investigating officer has raided the house of Md. Naseem and steps are being taken for recovery of the victim girl. Considering the facts and circumstances of the case, I find that the police is conducting investigation in a fair manner. However, the police must promptly investigate the case, try to find out the victim girl, conclude the investigation and submit its report Patna High Court CR. WJC No.782 of 2011 (3) dt.04-10-2012 3 as early as possible before the Magistrate concerned. It is open to the investigating agency to submit such report as it thinks appropriate, having regard to the facts and circumstances of the case and result of the investigation. With these observations, the writ petition is disposed of. B.Kr./- (Ashwani Kumar Singh, J)

Applicable IPC Section: 366

Statute Text:
Section 366 of the Indian Penal Code. Kidnapping or abducting a woman to compel her marriage or to cause her defilement etc. Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid.