Patna High CourtCR. WJC/1410/2017disposed

Khushboo Parveen v. The State Of Bihar And ORS

2017-08-31Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1410 of 2017 ======================================================

1. Khushboo Parveen, Daughter of Alam Mallick resident of Kutubddin Lane, Sabjibagh, P.S. Pirbahore, District- Patna .... Petitioner

Versus

1. The State of Bihar

2. The Director General- cum- Inspector General of Police, Bihar, Patna.

3. The Senior Superintendent of Police, Patna

4. The SHO, Pirbahore Police Station, Patna .... Respondent/s ====================================================== Appearance :

For the Petitioner : Mr. Ashok Kumar Mishra, Adv. For the Respondent :

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 31-08-2017 Heard the parties.

The petitioner is victim of the crime lodged by her father, vide Annexure 4. Allegation in the first information report is that the named persons allegedly kidnapped to the petitioner. The present writ application has been filed for police protection to get the statement of the petitioner recorded under Section 164 of the Criminal Procedure Code in Pirbahore P.S. Case No. 300 of 2017.

Assertion of the petitioner is that she is a major as her date of birth recorded in the Central Board of Secondary Education certificate, vide Annexure 1, is 30.10.1998 and the occurrence allegedly took place on 30.05.2017. Further, assertion is that the petitioner had voluntarily left her house with her lover and has already married with him. Nikhil Tiwawary, the husband of the petitioner was also born on 11.09.1998, as such, was a major on the date of occurrence.

The State-respondents submits that the State has no objection if the prayer of the petitioner is allowed, as per averment made in the writ application.

Patna High Court Cr. WJC No.1410 of 2017 (2) dt.31-08-2017 2/2 In the circumstances, let the Senior Superintendent of Police, Patna, provide proper security to the petitioner, Khushboo Parveen, in connection with Pirbahore P.S. Case No. 300 of 2017 to ensure her statement under Section 164 of the Criminal Procedure Code be recorded before the Magistrate. The petitioner is also at liberty to produce a copy of this order before the Senior Superintendent of Police, Patna. With the aforesaid observations, this application stands disposed off.

(Birendra Kumar, J) SA/- U √ T √