Shivji Mandal v. The State Of Bihar And ORS
Patna High Court Cr. WJC No.1216 of 2014 (5) dt.19-02-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1216 of 2014 ====================================================== Shivji Mandal S/o Late Ramji Mandal R/o village - Gorkha, P.S. Bahera, District - Darbhanga .... .... Petitioner
Versus
1. The State of Bihar
2. Principal Secretary, Home Government of Bihar, Patna
3. The Director General of Police, Government of Bihar, Patna
4. The Deputy Inspector General of Police, Darbhanga Division, Darbhanga
5. The Superintendent of Police, Darbhanga
6. The Dy. S.P., Darbhanga
7. The Officer In - Charge, Bahera ( Alinagar O.P. ) Police Station, Darbhanga
8. Ankit Kumar S/o Ramadhim R/o Village - Badi Ahiri, Halka No. 1, P.S. Baghouli, District - Hardoi, U.P.
9. Ramesh Ram S/o Prem Ram R/o village - Gorkha, P.S. Bahera, District - Darbhanga
10. Neha Kumari D/o Anil Sah R/o village - Gorkha, P.S. Bahera ( Alinagar ), District - Darbhanga .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 19-02-2015 Heard learned counsel for the petitioner and learned Additional Advocate General No.7 for the State. The petitioner has filed the present habeas corpus petition for recovery of his minor daughter Sunita Kumari, who is alleged to be a minor aged 16 years and further alleged to have been kidnapped by the private respondents.
In the second supplementary counter affidavit filed on behalf of respondent Nos. 5 to 7 it is stated that pursuant to the
Patna High Court Cr. WJC No.1216 of 2014 (5) dt.19-02-2015 steps taken by the respondents the alleged victim girl Sunita Kumari was recovered and produced before the ACJM, Benipur, Darbhanga before whom she gave her statement under Section 164 Cr.P.C. in which she has stated that she had gone with respondent No.8 Ankit Kumar as she was in love with him and thereafter they had married in Court at Shahjahanpur and subsequently in the temple also. Thereafter she had been arrested by the police at Hardoi and brought before the ACJM, Benipur, Darbhanga on 1.2.2015. In the report of the Medical Board also her age has been assessed at 20 years. It is submitted that she has been thereafter sent to Womens' Home on the orders of the court, whereas respondent No.8 has been arrested and sent to jail and subsequently released on bail.
In view of the aforesaid statements, the writ application has become infructuous. It is, accordingly, dismissed. (Ramesh Kumar Datta, J) (Anjana Mishra, J) U spal/-