Nitu Kumari @ Nitu Devi v. The State Of Bihar Through The Director General Of Police, Bihar, Patna And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.405 of 2017 ====================================================== Nitu Kumari @ Nitu Devi D/o Harindra Mahto, W/o Shyam Narayan Paswan Resident of village - Pakaria, P.S. - Nautan (Jagdishpur), Distt. - West Champaran.
.... .... Petitioner
Versus
1. The State of Bihar through the Director General of Police, Bihar, Patna.
2. The Director General of Police, Bihar, Patna.
3. The Superintendent of Police, Bettiah, West Champaran.
4. The Investigating Officer, Nautan (Jagdishpur) P.S. Case No. 346/2016
5. The Superintendent, Govt. Remand Home, Gaighat, Patna.
6. Harindra Mahto S/o Nathuni Mahto Resident of Village - Pakaria, Dusadhpatti, P.S. - Nautan (Jagdishpur), Distt. - West Champaran. .... .... Respondents ====================================================== Appearance :
For the Petitioner : Mr. Sanjeev Kumar, Advocate For the Respondents : Mr. Ram Balak Mahto, AG ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) 27-04-2017 Heard learned counsel for the petitioner and learned counsel for the State.
It is submitted on behalf of the petitioner that vide order dated 24.12.2016 learned A.C.J.M., West Champaran, Bettiah, has directed the petitioner to go along with her parents and, in case, petitioner, who was the victim, shows her inability to go with her parents, she would be sent to Remand Home, Gaighat, Patna, till further order.
The age of the petitioner on the date of occurrence
Patna High Court Cr. WJC No.405 of 2017 (3) dt.27-04-2017 2/2 was assessed as 17 years 9 months 12 days. Obviously, four months have elapsed since passing of that order and petitioner has admittedly attained the age of more than 18 years. Therefore, she is now major.
This writ petition is being disposed of with a direction to the petitioner to file an application for release of the petitioner before the A.C.J.M.-VI, West Champaran, Bettiah, who shall dispose of such petition immediately in accordance with law but not later than a week thereafter, as the petitioner has admittedly become major and as such she cannot be confined to Remand Home specially when she is not a child in conflict but herself is a victim.
Let the order be communicated immediately to the court concerned.
(Dr. Ravi Ranjan, J) (Vikash Jain, J) sudip/- U T