Nini Devi @ Nilam Devi @ Nini And ANR. v. The State Of Bihar

Patna High Court Cr.Misc. No.44011 of 2014 (3) dt.30-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44011 of 2014 Arising Out of PS.Case No. -7 Year- 2014 Thana -BIKRAM District- PATNA ======================================================

1. Nini Devi @ Nilam Devi @ Nini Wife of Buty Nut Resident of Village + P.S. - Bikram, District- Patna.

2. Tilaki Devi Wife of Bijdendra Nut Resident of Village - Tilhari, P.S. - Maner, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lakshmi Kant Sharma, Adv. For the Opposite Party/s : Mr. Shahin Begum (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 30-03-2015 Heard learned counsel for the petitioners as well as learned APP for the State.

From perusal of written report as well as after going through the statement recorded under Section 164 Cr.P.C. of the victims, namely, Puja and Anjali @ Khukhli Kumari, it is apparent that no allegation of sexual exploitation has been attributed and on account thereof, the applicability of Protection Of Children from Sexual Offences Act is a matter of concern.

In the aforesaid eventuality, it looks better to direct the petitioners to surrender before learned lower court which the learned lower court will consider favourably in the light of the finding recorded above.

With the aforesaid observation, the instant petition is disposed of.

(Aditya Kumar Trivedi, J) perwez U T