Samta Devi v. The State Of Bihar Through Home Secretary, Secretariat, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.585 of 2023 Arising Out of PS. Case No.-234 Year-2022 Thana- KAKO District- Jehanabad ====================================================== Samta Devi ... ... Petitioner/s

Versus

The State of Bihar through Home Secretary, Secretariat, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kamod Kumar Vidyarthi, Adv.

For the Respondent/s :

Mr. Dr. Mankeshwar Tiwari, AC to AAG3 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The present criminal writ application has been filed for quashing the order dated 12.01.2023 passed by S.D.J.M. Jehanabad in connection with Kako(Bhelawar) P.S. Case No. 234 of 2022, instituted under Sections 341, 323, 366A and 34 of the I.P.C. whereby and whereunder the learned court below has rejected the prayer for release the victim namely, Guriya Kumari who is daughter of the petitioner, is presently kept in Asha Kiran Child Care Center, Patliputra Colony, Patna by the order of C.W.C. at Jehanabad.

Counsel for the State raise the preliminary objection that the order which the petitioner want to set aside has to be challenged under established law of the land.

Patna High Court CR. WJC No.585 of 2023(2) dt.13-04-2023 2/2 It transpires to this Court that contention of the State is correct.

Accordingly, this Cr. Writ Application is hereby dismissed with liberty that petitioner shall move for her grievances before appropriate forum.

(Dr. Anshuman, J.) prakashmani/- U T