GOPAL GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application was filed initially praying for issuance of a writ in the nature of a writ of habeas corpus commanding the respondents 2nd set to release the petitioner's minor daughter who was allegedly kept in illegal detention by the respondents 2nd set. A prayer was made to direct the official respondents/respondent 1st set to produce the victim girl before this Court.

(2.) The writ application was taken up for consideration on 14.12.2020. This Court noticed that the petitioner had instituted the First Information Report ('FIR') giving rise to Patliputra P.S. Case No. 273 of 2020 dated 01.08.2020 under Section 366A of the Indian Penal Code. The age of the victim girl was disclosed as about 16 years. Having found that after registration of the FIR, neither the victim girl had been recovered nor any other development had taken place, this Court called upon the Senior Superintendent of Police, Patna to submit a report to this Court with regard to the progress made in the case. A direction was also issued to record the statement of the victim girl by a woman police officer authorized by the Senior Superintendent of Police, Patna if not already recorded under Section 164 Cr.P.C.

(3.) On 18.12.2020, this Court while adjourning the matter to 22.12.2020 expected the respondents to take all steps for tracing out the missing girl. The Senior Superintendent of Police was also directed to remain present through virtual mode. On 23.12.2020, the police officer interacted with the court whereupon this Court directed him to file an affidavit indicating all the events which took place right from the time of the registration of the First Information Report.