Parvati Devi And ANR v. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.848 of 2017 Arising Out of PS. Case No.- Year- Thana- District- Darbhanga ====================================================== 1.

Parvati Devi Wife of Sri Kamlesh Jha, 2.

Vikash Kumar Jha S/o Sri Kamlesh Jha 1 & 2 resident of Village- Jogiyara, P.S. Bahadurpur (Fekla O.P.), District Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Director General of Police, Bihar, Patna. 3.

The Inspector General of Police, Darbhanga Zone, Darbhanga. 4.

The Superintendent of Police, Darbhanga.

5.

The Officer In- Charge Police Station Bahadurpur, Darbhanga. 6.

Manoj Kumar Singh, son of Late Janardan Prasad Singh. 7.

Smt. Usha Bharti, w/o Manoj Kumar Singh 8.

Kumar Gourav, son of Manoj Kumar Singh 6 to 8 resident of Village & PostJogiayara, P.S.- Bahadurpur, District- Darbhanga. 9.

Smt. Nisha Bharti w/o Vikash Kumar, d/o Manoj Kumar Singh, presently residing at village & Post Jogiayara, P.S. Bahadurpur, District Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amarendra Narayan, Adv & Dr. J.K. Verma, Adv For the State : Mr. Md. Nadeem Seraj (GP5) & Mr. Shailesh Kumar A.C to G.P. 5 For the Respondent Nos. 6 to 9 : Mr. Prabhat Kumar Singh, Adv & Mr. Shyam Nandan Thakur, Adv

Patna High Court Cr. WJC No.848 of 2017 dt.18-08-2017 2/3 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) Date : 18-08-2017 Heard learned counsel for the parties.

The girl has appeared before us and she has denied marriage with petitioner no. 2 as also denied the pregnancy. We are not here to take a decision regarding the issue of marriage and pregnancy etc., in the present proceeding. A criminal case is already there in which the petitioners have been made accused. The girl is not willing to go with the petitioner no. 2. Admittedly, she is now major and this Court cannot compel her to go with petitioner no. 2. Further, she and her parents have stated before us that the petitioners side is giving threat to face dire consequences and consequently they have been compelled to move from their native village to reside in the town, namely, Laheriasarai.

The petitioner no. 2, who is present in person before us has, categorically submitted that he neither had threatened on earlier occasion nor would he commit such act in future.

Having regard to the aforementioned facts and circumstances of the case, we do not find any merit in this

Patna High Court Cr. WJC No.848 of 2017 dt.18-08-2017 3/3 application.

It is, accordingly, dismissed.

(Dr. Ravi Ranjan, J) ( S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date N.A.

Transmission Date 11.09.2017