Niranjan Kumar v. The State Of Bihar Through The Addl. Chief Secretary, Home Deptt., Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2032 of 2025 Arising Out of PS. Case No.-47 Year-2025 Thana- Piplawa District- Patna ====================================================== Niranjan Kumar S/o Madan Mistri R/o Village- Bakuan, Post- Poawan, P.S.- Piplawan, Naubatpur, District- Patna ... ... Petitioner

Versus

1.

The State of Bihar through The Addl. Chief Secretary, Home Deptt., Govt. of Bihar, Patna 2.

The Director General of Police, Govt. of Bihar, Patna 3.

The Inspector General of Police, Patna 4.

The Senior Superintendent of Police Officer, Patna 5.

The Station House Officer, P.S.- Piplawan Pitwance (Naubatpur), Patna 6.

Nitish Kumar @ Nitish Raj S/o Bihari Mistri Resident of Village- Anauli, P.S.- Bhagwanganj, District- Patna 7.

Sujanti Devi W/o Bihari Mistri Resident of Village- Anauli, P.S.- Bhagwanganj, District- Patna 8.

Bihari Mistri S/o Not known Resident of Village- Anauli, P.S.- Bhagwanganj, District- Patna ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Sharma, Advocate Mr. Amar Nath, Advocate For the Respondent/s :

Mr. Prabhu Narayan Sharma, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 08-09-2025 This matter was first taken up in Chambers at 2:15 PM. The corpus, her parents and one other lady Ms. Rupa Devi, who is mami of the corpus, were present. The corpus has been produced from the Vrihad Ashray Grih (Balika Grih), Bihta, Patna by Ms. Renu Kumari, the Superintendent of Vrihad

Patna High Court CR. WJC No.2032 of 2025(4) dt.08-09-2025 2/3 Ashray Grih (Balika Grih), Bihta, Patna. Mr. Sanjay Kumar Sharma, learned Advocate for the petitioner and Mr. P.N. Sharma, learned A.C. to learned A.G. for the State were also present. The corpus and their parents desired to allow them to interact for some time and then take up the matter. This Court allowed them to interact and fixed the matter at 4:00 PM. At 4:00 PM, when the matter has been taken up for consideration, the corpus as well as her parents have stated in one voice that they have had a detailed talk with each other and then the corpus desires to go with her parents. In Chambers once again in presence of the learned Advocates, the corpus has expressed her desire to go with her parents and live with them.

2. Since the corpus is a minor and preference is required to be given to a parental care than to an institutional care, we are of the considered opinion that the corpus be allowed to go with her parents and live with them.

3. The petitioner and his wife Rina Devi have also been counselled to take adequate care of the corpus who is a child in need of care and protection. They have assured this Court that they will give their attention to the child and shall take care of her needs and dignity.

4. In the circumstances stated hereinabove, we

Patna High Court CR. WJC No.2032 of 2025(4) dt.08-09-2025 3/3 dispose of this writ application with direction to the Superintendent Vrihad Ashray Grih (Balika Grih), Bihta, Patna to hand over the corpus to her parents.

5. The Superintendent Vrihad Ashray Grih (Balika Grih), Bihta, Patna shall ensure that all the formalities are completed today itself for handing over the corpus of her parents.

6. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) (Sourendra Pandey, J) Rishi/- U