SHARDA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ashok Kumar Singh, learned counsel for the petitioner and Mr. Pawan Kumar, learned counsel for the State.

(2.) The instant application under Article 226 of the Constitution of India has been filed by the petitioner for issuance of a writ in the nature of hebeas corpus directing the respondents to recover his kidnapped eight years old grand-son (Nati), namely, Pritam Kumar and produce him before the Court.

(3.) The case of the petitioner is that his grand-son Pritam Kumar, son of Manoj Rai, resident of village-Thikha Marcha, P.S. Garkha, District-Saran was residing with him since two months. On 3.11.2020, he had gone to Mahavir Asthan at about 10:00 AM. He did not return home. The petitioner started searching for him, but he could not be traced. Ultimately, a written report was submitted to the police on 06.11.2020, pursuant to which, Doriganj P.S. Case No. 188 of 2020, was registered against unknown under Section 363 of the Indian Penal Code.