IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.796 of 2008 PUNAM KUMARI Versus STATE OF BIHAR & ORS ----------- 3/ 15-May-09 Heard the parties. Petitioner wants a writ or direction to the police authorities at Bhagalpur to lodge an FIR on the basis of allegations made by the petitioner to the effect that her daughter has been kidnapped or is missing. She raised a suspicion against one Barun and Mano Devi. According to the counter affidavit petitioner’s information was entered as a station diary entry and police found out that petitioner’s daughter, Radha Kumari aged about 14 years was born when the petitioner married to Barun Tiwari. They are divorced since 1994. Petitioner re-married but was living alone in a quarter and her daughter made a complaint to Barun Tiwari, her father, that she is being ill- treated by the petitioner and she came and is living with her father. Since the police did not find any cognizable action involved in the case, no FIR was lodged. In the facts of the case, petitioner has two remedies under law. She can either file a complaint case before the concerned magistrate or else she can claim the custody of the daughter through a civil proceeding. It has been submitted that now the daughter is living with the 2 petitioner. If that be true, then if so advised, petitioner may file a complaint case before the appropriate authority. If petitioner has a genuine apprehension for her security then she may approach the Superintendent of Police, Bhagalpur who shall take suitable action for the safety and security of the petitioner if he finds need for the same. perwez (Shiva Kirti Singh, ACJ.)