IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.62 of 2011 KABUTRI DEVI wife of Rup Lal Ram, resident of Village Bardiha Turki, P.S. Patepur,District Vaishali … … Petitioner Versus 1. STATE OF BIHAR through the Chief Secretary, Govt. of Bihar, Patna 2. Director General of Police, Bihar, Patna 3. The Commissioner-cum-Secretary, Department of Home, Bihar, Patna 4. The Superintendent of Police, Vaishali 5. The District Magistrate, Vaishali 6. The Officer-in-charge, P.S.Patepur, Vaishali … … Respondents Ist Set 7. Anees Kumar, son of Ram Jatan Ram 8. Rajnees Kumar son of Lahan Ram 9. Raju Kumar 10. Sanjeev Kumar ( Both sons of Ram Balan Ram) 11. Lakhan Ram son of Mahavir Ram All residents of Village Bardiha Turki, P. S. Patepur, District Vaishali … … Respondents 2nd set ----------- 2. 18.1.2011 This application has been filed by the petitioner, who is the mother of Anshumala Kumari, for a direction to the respondents for getting her daughter released from the illegal detention of respondents 2nd set. She has stated in this writ application that her minor daughter has been abducted by the accused persons, who have been placed as respondents 7 to 11 in the writ application, in the night of 27.11.2010. In the same night her minor daughter was forcibly married to respondent no.7 Anees Kumar. In this regard, she approached the concerned Police Station for instituting a police case but the Officer-in- charge of the Police Station refused to intervene in the matter. He did not register the F.I.R. and no steps were taken for rescuing her daughter. 2 Considering the allegation made in the writ application, the petitioner had alternative remedies available which have not been exhausted. She could have filed a complaint petition before the Magistrate concerned if the Officer-in-charge of the concerned Police Station refused to institute a case. Another remedy available to her was by way of filing an application before the proper authority as provided under Section 97 of the Cr. P.C. In case, the petitioner files such an application before the concerned authority as provided under Section 97 of the Cr. P.C., proper action will be taken by the concerned authority for rescuing her daughter by issuing search warrant. The daughter of the petitioner, on recovery, will be produced before the Magistrate concerned for recording her statement under Section 164 Cr. P.C. and her age should be assed. This application is disposed of accordingly. Kanth ( Mridula Mishra, J.) ( Dharnidhar Jha, J.)