BIBI DARAKHSHAN FIROZ Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the respondent nos.6 and 7.

(2.) The instant application has been filed by the mother of respondent no.7 for issuance of a writ in the nature of habeas corpus directing respondent nos.2 to 6 to produce respondent no.7 in the Court. The contention of the petitioner is that respondent no.7 is a student of B.A. Part-2 in B.N. College, Patna. She was staying in Shahin Girls Hostel, Ramna Road, Patna. She became traceless from her hostel from 7/12/2019. Despite all sincere efforts, she could not be traced out. Hence, on 11/12/2019, Pirbahore P. S. Case No. 631 of 2019 was instituted under Ss. 363 and 364 of the Indian Penal Code on the basis of a written report submitted to the S.H.O. of Pirbahore Police Station by Md.Tanvir Alam, the maternal uncle of respondent no.7, who was her local guardian.

(3.) In the written report, Md. Tanvir Alam stated that his niece Resham Firoz (Respondent No.7), aged about 19 years, daughter of Md. Firoz Alam, resident of Village- Chikni, P.S. Sour Bazar, District- Saharsa, a student of B.A. Part-2 of B.N.College, Patna was pursuing her studies while staying in Shahin Girls Hostel, Ramna Road, Patna. On 7/12/2019, she went out of her hostel at 07:15 AM and since then she is missing. On inquiry, he came to know that Nitish Kumar (Respondent no.6), aged about 19 years, who is a co-villager of respondent no.7 had threatened the brother of respondent no.7 that he would forcibly lift respondent no.7 from her place of stay. On further inquiry, he came to know two numbers of mobile phone of respondent no.6, but they were switched off. The mobile phone of his niece was also switched off. He suspected that his niece has been abducted and is being wrongfully confined for some illegal purpose.