IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.337 of 2011 Shambhu Kumar Singh, Son of Late Ram Chandra Singh, resident of Village- Sheora Chatti, P.S.-Patori, District-Samastipur. –Petitioner. VERSUS 1. The State of Bihar. 2. The Superintendent of Police, Samastipur. 3. The Sub-Divisional Police Officer, Patori, District-Samastipur. 4. The S.H.O. Patori P.S., District-Samastipur. 5. The A.S.I., Baleshwar Singh, Patori P.S., District-Samastipur. 6. Chandan Kumar Sah, Son of Late Rameshwar Sah, resident of village-Sheora, P.S.-Patori, District-Samastipur. 7. Shankar Kumar Singh, resident of village-Sheora Amar Singh Sthan, P.S.- Patori, District-Samastipur. –Respondents. ----------- 06 14.07.2011 This Habeas Corpus application was filed by the uncle of the minor girl who is said to be missing. Later on after orders of this Court the father sought leave to join as petitioner as well. It appears that the uncle of the missing girl lodged an F.I.R., being Patori P.S. Case No.215/10 on 04.12.2010, inter alia, alleging that for last four days his minor (13 years old) nice is missing and he apprehends that one Chandan Kumar Sah aged about 21 years, his mother, brothers and others have kidnapped her for wrongful purposes. Accordingly, a case was registered under Section 365 & 366 A of the Indian Penal Code and investigations are taken up. Upon this Habeas Corpus application being filed, State was asked to file a counter affidavit specially with regard to steps taken for recovery of the minor girl and her production. Counter affidavits have been filed in which it is stated that the brother of the accused, Chandan Kumar Sah and the mother had been apprehended because Chandan Kumar Sah was found absconding. In the counter affidavit, a suggestion is made that it is a - 2 - case of elopement though not confirmed. They are making all efforts to trace the boy and the girl. On behalf of petitioner, it is submitted that police has mobile numbers of both Chandan Kumar Sah and the minor girl, namely, Manisha Kumari and, if proper surveillance method are adopted, the girl would be recovered. Be that as it may, as a substantive case has been instituted and police has taken up investigation, we expect that the Superintendent of Police, Samastipur under whose jurisdiction the Patori lies would personally supervise the case. Let it be noted that whether it be love affairs or elopement because of love affairs, if the fact that the girl is 13 years old is correct then her rightful place is the place of her natural guardian and not the stranger like Chandan Kumar Sah. In that view of the matter, we dispose of the writ petition with a direction to the Superintendent of Police, Samastipur to take necessary action in this regard at the earliest considering the sensitivity of the case and the young age of the victim girl as alleged by the petitioner. Trivedi/ (Navaniti Prasad Singh, J.) (Ashwani Kumar Singh, J.)