- (1.) The instant writ petition was preferred seeking production of minor son of the petitioner namely Belal Sk. who was allured and enticed by the respondent no. 6 and 7 on 11.01.2012 and taken away for providing job without the consent of the petitioner.
(2.) According to the petitioner, the boy was minor aged 17 years and thereafter despite his best efforts, custody of the child has not be restored.
(3.) Notices were issued in the writ petition on 21.04.2014 upon the respondents. Counter affidavit was filed initially by the SDPO, Rajmahal. Respondent-State took further time to file supplementary counter affidavit as it appears that the respondent investigating authorities had not done enough for apprehending the accused persons. Subsequent affidavit taken note of in the order dated 22.06.2015 would show that the accused namely Motiur Sk. was arrested and sent to the jail custody. His confessional statement was recorded, as per which, victim boy Belal Sk. has been sent along with Arsad Sk. to Delhi through a placement agency. However, efforts made by the Investigating Officer to trace the boy with the placement agency did not yield any fruitful information. The Investigating Officer had doubts about the placement of the boy with the agency. This Court directed the Superintendent of Police, Sahibganj to file an affidavit regarding the steps taken for recovery of the victim boy Belal Sk. and also for apprehension of the accused Motiur Sk. on the said date. Affidavits were filed thereafter again indicating certain steps taken in that direction. Investigating authorities reported that raids have been made in the house of the co-accused Arshad Sk. and since he was not found, steps were taken under Sections 82 & 83 of the Criminal Procedure Code, as recorded in the order dated 05.10.2015. This Court adjourned the matter with a direction upon the respondent authorities to make contact with higher officials of Delhi to help in the recovery of the boy. Correspondences were later on made by the Superintendent of Police, Sahibganj to the Deputy Commissioner of Police, South East District, Delhi requesting him to take steps in that regard. Arsad Sk. was later on arrested, but he could not provide any information, which could lead to the recovery of the victim boy. This was taken note of in the order dated 11.01.2016. Certain directions were passed thereafter in the matter of investigation and recovery of the victim boy as nothing concrete had been brought on record. Charge sheet has been submitted thereafter on 31.08.2015 bearing no. 120 of 2015 under Sections 365, 371 and 34 of the Indian Penal Code. On 03.08.2016, this Court upon perusal of the affidavit dated 01.08.2016 directed the Superintendent of Police, Sahibganj to take necessary steps by using modern technology to find out and search the victim and submit a report. He was further directed to obtain the status of Radhanagar (Rajmahal) P. S. Case No. 228 of 2012. The Court also directed the counsel for the petitioner to file a detailed affidavit by the elder brother of the victim namely Kalu Sk. @ Mansoor Sk. who accompanied the victim to Delhi.;