Mukesh Mandal v. The State Of Bihar Through The Principal Secretary, Departmnet Of Home, Government Of Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1561 of 2024 Arising Out of PS. Case No.-267 Year-2024 Thana- KOTWALI District- Patna ====================================================== MUKESH MANDAL S/O KAMESHWAR MANDAL Resident of Vill.- Manik chauk Ward No. 14 , P.S- Runi saidpur ,Dist -Sitamarhi At present resident of Bailey Road Hartali More officer flat 13/60 servant Room, P.Skotwali, Dist.- Patna ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMNET OF HOME, GOVERNMENT OF BIHAR, PATNA. BIHAR.

2.

THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA. BIHAR 3.

THE SUPERINTENDENT OF POLICE, PATNA BIHAR 4.

THE OFFICER-IN-CHARGE OF THE KOTWALI POLICE STATION PATNA, DISTT.- PATNA. BIHAR 5.

DEEPU YADAV S/O THAKKAN YADAV R/O VILLAGE- FUTHUA, P.SSIMARI, DIST.- DARBHANGA. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Singh, Advocate For the Respondent/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 02-08-2024 Heard learned counsels for the respective parties.

2. In the instant writ petition, petitioner has prayed for the following relief/reliefs:

"(i) For issuance of writ in the nature of mandamus (Habeas Corpus) directing the respondents to produce the minor girl of the petitioner, who is kidnapped by respondent no. 5 namely Dipu Yadav forcibly for marriage / for illegal work.

Patna High Court CR. WJC No.1561 of 2024(3) dt.02-08-2024 2/2 (ii) For issuance of any other relief / reliefs for which petitioner deemed entitled to."

3. Learned counsel for the State, on instruction, submitted that the victim girl has been recovered from NOIDA and she is being brought to Patna and thereafter necessary procedure like taking her statement under Section 183 of Bharatiya Nagarik Suraksha Sanhita, 2023 would be undertaken. Thereafter, depending upon her version, necessary protection would be given to her including whether is she willing to join her parents or not.

4. Accordingly, present writ petition stands disposed of.

5. The official respondents are hereby directed to provide facility of meeting victim girl or interaction with her by her parents and thereafter take appropriate action. (P. B. Bajanthri, J) (Alok Kumar Pandey, J) GAURAV S./- U