Md. Aftab Alam v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.683 of 2016 Arising Out of PS.Case No. - Year- Thana - District- SAHARSA =========================================================== Md. Aftab Alam, Son of Late Md. Suleman, Resident of village and Police Station Sonbarsa Raj, District - Saharsa .... .... Petitioner/s
Versus
1. The State of Bihar
2. The Director General of Police Cum Inspector General of Police, Bihar, Patna
3. The Inspector General of Police, Bihar, Patna
4. The District Magistrate, Saharsa
5. The Senior Superintendent of Police, Saharsa
6. The Deputy Superintendent of Police, Saharsa
7. The Officer-In Charge, Sonbarsa Raj Police Station, Saharsa .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. D.K. Sinha, Sr. Advocate. Mr. Amir Alam, Advocate.
For the Respondent/s : Mr. U.S.S. Singh, G.P. 19 Mr. Uday Bhan Singh, A.C. to G.P. 1 =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA ORAL JUDGMENT Date: 19-09-2016 Heard learned counsel for the parties.
2. The challenge in the present writ application is to an order passed by the learned Judicial Magistrate, 1st Class, Saharsa on 28th of June, 2016 in connection with Sonbarsa Raj P.S. Case No. 82 of 2016 dated 9th of June, 2016 whereby, the custody of Roobana Praveen was ordered to be handed over to Sachin Sharma, brother-inlaw of the accused Chandan Kumar. The said order arises out of an allegation that the victim was allegedly kidnapped by Chandan Kumar.
Patna High Court Cr. WJC No.683 of 2016 dt.19-09-2016 2/3
3. On 25th of June, 2016, the learned Judicial Magistrate, 1st Class passed an order that though the victim has disclosed her age as 19 years in a statement under Section 164 of the Criminal Procedure Code but her date of birth is 16th of August, 2001 on the basis of Matriculation Certificate. Therefore, she is of 14 years, 10 months and 9 days. She was ordered to be sent to Remand Home.
4. Later on, medical examination was conducted and on the basis of medical examination and the statement of the victim, she was found to be major and the petition filed by the brother-in-law of the accused was allowed and custody of the victim was ordered to be given to him.
5. The Matriculation Certificate is earlier in point of time when there was no dispute regarding age of the victim. As per the Matriculation Certificate her date of birth is 16th of August, 2001. Thus, oral statement of the victim that she is 19 years old cannot be relied upon as it is a statement of interested person who wants to support her marriage with the accused. Even the medical examination report that she is major, cannot be relied upon as the medical examination is based upon opinion and, therefore, it is not conclusive.
6. Since on the basis of the Matriculation Certificate, the age of the victim is 14 years, 10 months and 9 days, therefore, she is minor and that the order of release of the victim in favour of
Patna High Court Cr. WJC No.683 of 2016 dt.19-09-2016 3/3 brother-in-law of the accused is wholly unjustified, when the victim is minor.
6. Consequently, the order dated 28th of June, 2016 is set aside. The victim be sent to the Remand Home, if she is not willing to join her parental home till she attains the age of majority.
7. With the aforesaid direction and liberty, the writ application is disposed of.
(Hemant Gupta, J) P.K.P.
A.F.R.
U T