MANSUR ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed for a direction to the respondents to complete the investigation of Basantpur Police Station Case No. 194 of 2012, dtd. 3/8/2012, registered for the offences punishable under Ss. 363/365 of the Indian Penal Code, lodged by the petitioner, who is father of the kidnapped minor boy (aged about 5 years) and further direction to the investigating agency to locate his son and file report before the competent court.

(2.) The prosecution case, as per the First Information Report, is that on 2/8/2012, at about 10 AM, the victim boy, namely, Riyaz Alam, son of the petitioner, aged about 5 years, wheatish complexion, height 2.5 feet, wearing red-coloured half pant and red and blue-coloured half T-shirt), went missing from his own house. The petitioner, along with his relatives and friends, started searching for the boy and in the process of search, it came to their knowledge from the villagers of the Khajuhari village, which is at a distance of about 7 KM from the house of the petitioner that at about 04:30 PM, two persons, on a red-coloured Passion Pro motorcycle, were seen taking a child forcefully by shutting his mouth, who was crying to return back to his mother and when the villagers raised hulla, the motorcyclists moved towards the east direction and took the way of Meera Tola Bazaar Road, which is next to Singhasani Mandir, and fled away.

(3.) The grievance of the petitioner is that the Police has not taken appropriate action towards recovery of the kidnapped minor boy. He has expressed his agony saying that he has been running from pillar to post for recovery of his minor son, but nobody is taking care of his request. In this connection, he has submitted a representation to the District Magistrate, Siwan, on 22/8/2012, and also to the Deputy Chief Minister, Bihar on 23/8/2012 (Annexure '2' series to the writ application) and further to the Superintendent of Police, Siwan, on 20/2/2020, the Director General of Police, Bihar, on 6/3/2020 and also to the Chief Minister, Bihar, on 17/2/2020 (Annexure '5' series to the writ application).