IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.797 of 2010 VISHWANATH VISHWAKARMA Versus THE STATE OF BIHAR & ORS ----------- 2. 12.8.2010 The petitioner is the father of Nisha Kumari, who is alleged to have been kidnapped by Jitendra Kumar Chaudhary and Arjun Chaudhary alias Dablu on 24.6.2010. The petitioner’s prayer is for a direction to the respondents authorities for searching his minor daughter and to get her released from illegal confinement of the accused persons. The statement in the writ application reveals that the petitioner has already filed a complaint case bearing No. 895 of 2010 before A.C.J.M., Danapur. He has also given an information to the Senior Superintendent of Police Patna and the Officer-in-charge of Bihta Police Station. Sections 97 and 98 of the Cr. P.C. are the specific provisions for issuance of search warrant by the District Magistrate, Sub-divisional Magistrate or a Magistrate of the Ist Class, in case they have reason to believe that any person is confined under such circumstances that the confinement amounts to an offence. The authorities under such circumstances may issue a search warrant, and the person to whom such warrant is directed may search for the person so confined; and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper. Section 98 of the Cr. P.C. is the specific 2 provision to compel restoration of abducted females. Upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child under the age of eighteen years, for any unlawful purpose, the District Magistrate, Sub-divisional Magistrate or Magistrate of the Ist Class are empowered to make an order for immediate restoration of such woman to her liberty, or of such female child to her husband, parent, guardian or other person having the lawful charge of such child. In exercise of such power, the authorities concerned may compel compliance with such order, using such force as may be necessary. There being such provisions in the Cr. P.C., the petitioner has no reason to file an application before this Court without exhausting the remedy available under the Cr. P.C. This petition is being disposed of giving liberty to the petitioner to exhaust the remedy available under Sections 97 and 98 of the Cr. P.C. In case, such an application is filed by the petitioner before the appropriate authorities, they will take immediate action for the release of the minor daughter of the petitioner or for her restoration to the lawful custody of her parents. This application is disposed of. Kanth ( Mridula Mishra, J.) ( Dharnidhar Jha, J.)