Sheela Devi v. The State Of Bihar Through Home Secretary, Government Of Bihar, Patna And ORS

Patna High Court Cr. WJC No.577 of 2015 (4) dt.11-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.577 of 2015 ====================================================== Sheela Devi .... .... Petitioner/s

Versus

The State of Bihar Through Home Secretary, Government of Bihar, Patna & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Amar Nath Singh Mr. Ram Prawesh Kumar Mr. Rajendra Prasad For the State: Mr. Ansuman Singh, G.P.24 For Respondent No.4 : Mr. Ashok Kumar Jha. ------------ ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 11-06-2015 In the light of my order dated 10.6.2015, respondent No.4 has filed counter affidavit through Sri Ashok Kumar Jha, Advocate, which is taken on record.

Having heard learned counsel for the petitioner and learned counsel for the State, as also learned counsel for respondent No.4, this writ petition is disposed of directing the Superintendent, Nari Niketan, Patna to produce Neha Kumari @ Sinu Kumari before the concerned Judicial Magistrate on 10.11.2015 in connection with Bihariganj P.S. Case No.19 of 2015 registered for the offences under Sections 366A, 589, 504/34 of the Indian Penal Code.

After production of Neha Kumari @ Sinu Kumari, the learned Magistrate shall not only interact with her but also

Patna High Court Cr. WJC No.577 of 2015 (4) dt.11-06-2015 ascertain her view as to whether she wants to go with her parental family or to the family of the petitioner as her daughter-in-law. In the light of the wish expressed by Neha Kumari @ Sinu Kumari, the learned Magistrate shall grant her custody either to the petitioner or respondent No.4.

(V.N. Sinha, J) V.P.Sinha/- U