IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.947 of 2009 ANIZA KHATOON Versus STATE OF BIHAR THRO DGP BIHAR ----------- 2 4.8.2010 The petitioner Aniza Khatoon, who is the informant of Falka P.S. Case No.105 of 2007 seeks a direction to the respondent authorities to trace out her son Md.Rahul Hasan who has been allegedly kidnapped by respondent nos.7 and 8 on 1.5.2007. It is alleged by the informant that one Md. Aswa, Md.Jamshed, Md.Tauheed, Md.Zahid, Md.Safid and Safira Khatoon abducted her son Md.,Rahul Hasan aged about 15 years. A counter affidavit has been filed on behalf of the Respondent no.4 stating therein that the victim boy was of weak mind and had proceeded to Delhi with accused Md.Aswa and Md. Jamshed. Counsel for the State submits that the police after investigation submitted final form in favour of the accused persons. He further submits that one of the accused persons has been allowed anticipatory bail by a bench of this Court. Counsel for the petitioner submits that the case is now proceeding on protest-cum-complaint filed by the complainant bearing Case No.1678 of 2007, which is pending before the Judicial Magistrate Ist Class, Katihar. He further submits that in the instant case cognizance has already been taken and the 2 KHAN grievance of the petitioner is against three of the accused persons namely Md. Jamshed, Md.Tauheed, and Md.Zahid. Having considered the facts and circumstances of the case, this writ petition is disposed of with a direction to the respondent no.6, the S.H.O., Falka P.S., Katihar to arrest the accused persons against whom cognizance has been taken and who are not on bail. The informant would be at liberty to give the name and address of the accused persons against whom cognizance has been taken and who are evading arrest. The petitioner submits that she is being threatened with dire consequences by the accused persons. In case the petitioner files an application before the concerned police station stating that some of the accused persons threatened her with dire consequences, the S.H.O. Falka P.S., Katihar would look into the matter and provide adequate protection to her in accordance with law. (S.P.Singh,J)