Ganesh Sharma v. The State Of Bihar, Through Home Secretary, Govt. Of Bihar Old Secretariat, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.714 of 2019 Arising Out of PS. Case No.-23 Year-2018 Thana- BALRAMPUR District- Katihar ====================================================== Ganesh Sharma, aged about 66 years, male, Son of Baje Lal Sharma, Resident of Village - Dhapi, Rampur Hardar, P.S.- Balrampur (Telta), District - Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar, through Home Secretary, Govt. of Bihar, Old Secretariat, Patna.

2.

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

The Superintendent of Police, Katihar.

4.

The Superintendent, Govt. Remand Home Gaighat, Patna. 5.

The Officer in Charge, Police Station Balrampur, District - Katihar. 6.

Haroon Rashid, Son of Late Ataur Rahman, Resident of Village - Dhapi, P.S.- Balrampur, District - Katihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate Mrs Manjeet Mishra, Advocate For the Respondent/s :

Mr. Prabhu Narayan Sharma, AC to AG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 30-04-2019 Perused the supplementary affidavit filed today, particularly paragraphs 2, 3 and 4 thereof.

The petitioner before us claims himself to be the father-in-law of the victim who is lodged in the Remand Home (Nari Niketan) Gai Ghat, Patna under the orders of the learned Special Judge, Katihar dated 28.04.2018 in connection with Balrampur P.S. Case No.23 of 2018. Her statement under Section 164 Cr. P.C. was also recorded and from the gamut of

Patna High Court CR. WJC No.714 of 2019(4) dt.30-04-2019 2/2 facts which has emerged it appears that the victim is aged about 17 years. The certificate age as mentioned in her school document is 5th of April 2002.

In the background aforesaid, this is not a matter of unlawful detention so as to entertain a writ petition. It shall be open to the concerned party, including the victim, to approach the Court below for any release or orders otherwise in accordance with law.

The petition is consigned to records.

(Amreshwar Pratap Sahi, CJ) (Anjana Mishra, J) Sunil/- U T