Over 11 years after a 5-year-old was kidnapped in Bihar’s Siwan district, the Patna High Court recently ordered the State Crime Investigation Department (CID) to re-investigate the case and recover the minor child. [Mansur Alam Versus The State of Bihar]

Justice Anil Kumar Sinha said the local police had not investigated the case scientifically or with the desired sensitivity, forcing the victim’s father to approach the Court in March 2021.

The Court noted that the investigating officers in the case were frequently changed and that the officers appeared to have investigated the case in a piece-meal manner. The judge remarked that even directions issued by the supervising officers were not followed.

Criticising the senior officers for not forming a special team to recover the child, the Court opined that no serious effort were made by the Superintendent of Police and other higher-ranked police officers.

“This Court has also noticed that for about four-and- a-half years, no progress in the investigation was made and the case diary has been written in a routine manner. The investigation was not done in right manner and even the C.D.R. of the correct mobile number of the suspect was not called by the Investigating Officer,” Justice Sinha said.

The kidnapped child’s father had registered a First Information Report (FIR) with the Basantpur Police Station on August 3, 2012. It was later found that the child had been taken by two persons on a motorcycle. 

The police told the Court that a final form had been submitted in the case, disclosing that while the kidnapping had occurred, the accused persons could not be identified.

The Court said there has been a “serious miss and gap” in carrying out the investigation. The Court went on to opine that in order to ensure justice and inspire confidence in the investigation, the case has to be re-investigated by the CID, Bihar.

The Court ordered that an officer not below the rank of Superintendent should take charge of the case.

It said that the CID is expected to re-investigate the case expeditiously, considering the seriousness and that the child has been traceless for so many years.

“The re-investigation of the case must be completed within a reasonable time frame and this Court hope and trust that the Crime Investigation Department shall investigate this case in scientific manner,” the Court added.

The Court, meanwhile, restrained the trial court from proceeding further in the matter till the re-investigation is completed in the case and a final form is submitted by the CID.

Advocate Ajeet Singh represented the child's father. Advocate Md. Nadim Seraj represented the State

Senior Advocate VNP Sinha and Advocate Soni Shrivasta represented the Economic Offence Unit. Advocates Anil Singh and Arvind Kumar represented the Department of Vigilance.

[Read Judgment]