SALAMDIN MIYAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) In para-1 of the writ petition, the petitioner has sought for the following reliefs:-

(2.) The case of the petitioner is that on 22/8/2020, his minor daughter X (name changed) aged about 15 years went out of her house to attend the call of nature at about 08:00 PM but she did not return in the night. A hectic search was made to hear from anyone who know her whereabouts. On 23/8/2020 at 10:00 AM, when an enquiry was made from Jaibun Khatoon regarding the whereabouts of her son Wosear Miyan @ Rahamdin Miyan, she and her family members did not give any satisfactory reply. Hence, he suspected that his daughter X was abducted by Wosear Miyan @ Rahamdin Miyan and her family members for the purpose of marriage. When a complaint was made to the Mukhiya of the village in this regard, he told to find out solution through Panchayati whereafter Panchayati was fixed on 9/10/2020 at 04:00 PM but the accused persons did not abide by the directions given by the Mukhiya and the Panches. They threatened that if a complaint would be made to the police, they would have to face dire consequences.

(3.) On the basis of the aforesaid written report, Sugauli P.S. Case No. 515 of 2020 dtd. 11/10/2020 was registered under Ss. 363, 366A, 504 and 506 of the Indian Penal Code as well as Sec. 8 of the Protection of Children from Sexual Offences Act and the investigation was taken up.