Poonam Kumari @ Puja Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4416 of 2018 Arising Out of PS.Case No. -41 Year- 2017 Thana -GUTHNI District- SIWAN ======================================================
1. Poonam Kumari @ Puja Yadav, Daughter of Late Subhash Yadav, Resident of Village-Dhanauti Rai Deoria, Pipra Ramdhar, P.S.-Deoria, District-Uttar Pradesh, .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar, Advocate For the Opposite Party/s : Mr. Nityanand Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-02-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is apprehending her arrest in connection with Guthni P.S.Case No. 41 of 2017 registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code whereas Section 302 of the Indian penal Code has been added.
Learned counsel for the petitioner, relying upon the impugned order dated 22.12.2017 has submitted that since the issue of Juvenility has been raised by the petitioner, the petitioner be permitted to appear before the Juvenile Justice Board, Siwan for purposes of ascertainment of age of the petitioner, however,
Patna High Court Cr.Misc. No.4416 of 2018 (3) dt.22-02-2018 2/2 till then protection be granted to her.
In view of the aforesaid, the present petition is disposed of with a direction to the petitioner to appear before the learned Chief Judicial Magistrate, Siwan, who shall get the age of the petitioner ascertained by the Juvenile Justice Board within a period of four weeks from today.
Till then, the petitioner shall not be arrested in connection with Guthni P.S.Case No. 41 of 2017, pending in the Court of the learned Chief Judicial Magistrate, Siwan. (Mohit Kumar Shah, J) Sudha/- U T