Gautam Kumar Pandey @ Munna Pandey v. The State Of Bihar Through The Principal Secretary, Department Of Home,Govt. Of Bihar,Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.247 of 2019 Arising Out of PS. Case No.-187 Year-2018 Thana- KANKARBAG District- Patna ====================================================== Gautam Kumar Pandey @ Munna Pandey S/o Late Janardan Pandey resident of village-Berhna, ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of home,Govt. of Bihar,Patna 2.

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

The District Magistrate (D.M) Patna. Patna 4.

The Senior Superintendent of police,Patna. Patna. 5.

The Town Dy.S.P. Patna. Patna.

6.

The S.H.O Kankarbagh P.S. District Patna. Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Parmod Kumar, Adv.

For the Respondent/s :

Mr. Saroj Kumar, AC to AAG-3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 05-12-2019 This is an application praying for issuance of appropriate writ, order or orders and direction to respondents to produce, and to hand over the victim girl to the petitioner, namely Meenu Kumari, aged about 13 years who has not returned till date to her home in connection with Kankarbagh

Patna High Court CR. WJC No.247 of 2019(4) dt.05-12-2019 2/3 P.S. Case No.187/2018.

In the affidavit dated 8.3.2019 it is averred at para Nos.13 and 14 as under:

"13. That it is pertinent to mention here that the Investigation of this case has already been completed by the Investigating Officer and charges against the accused persons were found to be proved and a charge sheet will be submitted before the concern court shortly after completing all formalities.

14. That from the fact of the case as well as in view of the statement mention herein above the writ petition is fit to be dismissed as the girl has recovered and was hand over to his parents and hence the grievance of the petitioner has already been redressed."

Today, an affidavit is filed which is taken on record in which at para-12 inter alia it is averred as under: "12. That it is humbly stated that prior to 08.11.2019, the victim Ms. Meenu Kumari has also submitted a handwritten application before the Station House Officer, Kankarbagh P.S. and others in which she narrated that she got married with Nitish Kumar on 26.02.2018 and previously instituted case i.e. Kankarbagh P.S. Case No.187 of 2018 is false and she was more than 17 years o age at that time, and that on 07.11.2019 she at her own will left for her husband's house."

In view of the same, it cannot be said that the

Patna High Court CR. WJC No.247 of 2019(4) dt.05-12-2019 3/3 daughter of the petitioner stands illegally detained by another person. As such, we close the present proceedings. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- U T