IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.301 of 2010 NIRMLA DEVI Versus STATE OF BIHAR & ORS ----------- 3 12.10.2010 In the instant writ petition the petitioner prays for tracing out of his small son Shatrughan Das who had been abducted by the accused Chotu Das, Chunna Das and Munna Das all sons of Ram Das, resident of Habibpur, Harijan Tola, P.S. Habibpur District Bhagalpur. The case of the petitioner is that earlier her husband Mahesh Das was killed by the aforesaid accused persons for which a separate case was instituted. Thereafter an attempt was made on the petitioner for which Habibpur P.S. Case No.18 of 2007 under section 307/34 of the Penal Code and section 27 of the Arms Act as well as section ¾ of the Explosive Substance Act was lodged. The petitioner submits that the accused persons have now kidnapped his son Shtrughan Das on 30.9.2008. Learned counsel for the petitioner submits that the mother of the petitioner died on 19.4.2009 and her father died even earlier but it is surprising that the S.D.P.O. in his supervision note dated 14.7.2009 observed that the Nana and Nani of the victim boy are not aware about his kidnapping. He submits that contrary to the materials on record the S.D.P.O. has opined that the case do not seem to be correct for the time being. It appears that the S.D.P.O. in his supervision has observed that it would be better to take a decision after the 2 KHAN recovery of the victim boy. A counter affidavit has been filed on behalf of the State annexing the supervision made by the S.D.P.O. Banka dated 14.7.2009. Learned State counsel submits that it may be that the statement of Nana and Nani of the victim boy Shatrughan Das may have been taken earlier to 19.4.2009. The main issue in this case is whether the victim boy Shatrughan Das was kidnapped and if he has been kidnapped, it goes without saying that all efforts should be made to trace him out. The police would enquire into this matter and find it out whether victim boy Shatrughan Das was actually kidnapped or not. In case the victim boy Shatrughan Das is kidnapped, all efforts should be made to trace him out. The petitioner would be at liberty to make a representation before the Superintendent of Police, Banka who will also look into the grievance of the petitioner. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)