Patna High CourtCR. WJC/927/2016dismissed

Laxmi Kant Dubey v. The State Of Bihar Through The Secretary, Home Department , Government Of Bihar, Patna And ORS

2016-09-22Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.927 of 2016 Arising Out of PS.Case No. -147 Year- 2014 Thana -Pasa Bazar District- PATNA =========================================================== Laxmi Kant Dubey, Son of Sri B.B. Dubey, Resident of Mohalla- Adarsh Colony, Kurthaul Bazar, P.S.- Parsa Bazar, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Home Department, Government of Bihar, Patna.

2. The Superintendent of Police, Patna.

3. The Station House Officer, P.S.- Parsa Bazar, District- Patna.

4. Investigation Officer of the case, Parsa Bazar, P.S.- Parsa Bazar, Distt- Patna.

5. Vicky Yadav, son of Bindo Kumar Rai, Resident of Chandachak, Dariyapur Road, Kurthaul, P.S.- Parsa Bazar, District- Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Bipin Kumar, Advocate. For the State : Mr. Sheo Shankar Prasad, S.C. 8 Mr. H.S. Sundaram, A.C. to S.C. 8 =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA ORAL JUDGMENT Date: 22-09-2016 Heard learned counsel for the parties.

2. The challenge in the present writ application is to an order dated 17th of August, 2016 passed by Smt. Aditi Gupta, Judicial Magistrate, 1st Class, Patna in Parsa Bazar P.S. Case No. 147 of 2014 whereby, the victim Puja Kumari was ordered to be released from Nari Niketan on the basis of the order passed in Cr. Revision No. 255 of 2016 (Prerna Kumari Vs. The State of Bihar) on 14th of July, 2016.

3. A perusal of the order passed in the Criminal Revision shows that this Court has found that the girls as mentioned in the

Patna High Court Cr. WJC No.927 of 2016 dt.22-09-2016 2/2 order have attained majority and there is no reason to keep them in the Remand Home. The name of the victim Puja Kumari found place in the said list.

4. Since the learned Trial Court has passed an order on the basis of an order passed by this Court, no order can be passed which is contrary to the said order.

5. The writ application stands dismissed accordingly. (Hemant Gupta, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 27.09.2016 Transmission Date 27.09.2016