Vikki Paswan v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1421 of 2018 Arising Out of PS. Case No.-431 Year-2017 Thana- CIVIL LINE District- Gaya ====================================================== Vikki Paswan, Son of Arun Paswan @ Kamu Paswan, R/o MohalaBageshwari Kothiya Hospital, P.S.- Delha, District- Gaya. ... ... Petitioner/s
Versus
1. The State of Bihar through District Magistrate, District- Gaya. null null
2. Senior Superintendent of Police, District- Gaya.
3. Sub-Divisional Police Officer (Sadar), Gaya, Dist- Gaya.
4. The Officer-in-Charge, Civil Line, Police Station, Gaya, Dist- Gaya.
5. The Superintendent of Short Stay Home (Under Alpaw Grih), Gaya, DistGaya.
6. Sachin Kumar, Son of Suresh Prasad, Resident of Mohalla- Ramna Road, Inside of Rama Bhawan, P.S.- Civil Line, District- Gaya.
7. Anjali Kumar, W/o Vicki Kumar @ Vicky Paswan, D/o Suresh Prasad, Resident of Mohalla- Ramna Road, Inside of Rama Bhawan, P.S.- Civil Line, District- Gaya at present address at Short Stay Home (Alpawash Grih), Gaya, District- Gaya.
8. Suresh Prasad Son of Chhote Lal Gupta Resident of Mohalla: Ramna Road, inside of Rama Bhawan, P.S. Civil Line, District- Gaya. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Sinha For the Respondent/s :
Mr. Manish Kumar For Respondent Nos. 6 & 8:
Mr. Daya Nand Singh, Advocate Mr. Nagadeo Choubey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-10-2018 Learned counsel for the petitioner, learned counsel for the State and learned counsel for respondent nos. 6 and 8 are present and they jointly submit that the parties have now settled their disputes and in view of such settlement the wife (respondent no. 7) be allowed to be released in favour of the petitioner.
Learned counsel for the respondent nos. 6 and 8 who
Patna High Court Cr. WJC No.1421 of 2018(4) dt.26-10-2018 2/2 are the brother and father of the victim (respondent no. 7) has also submitted that they have no objection for this. In the aforesaid view of the matter, the order dated 10.01.2018 passed in POCSO Case No. 97 of 2017 is hereby set aside.
The petitioner will be at liberty to file a fresh application before the learned Special Judge, POCSO Act, Gaya who will consider the same in view of the developments which have taken place during the pendency of this application and shall pass an appropriate order in accordance with law within a period of 30 days from the date of filing of the application. Learned counsel for the petitioner submits that the respondent no. 7 is in the Remand Home with six months baby in her lap. Keeping this in mind, the petition of the petitioner must be disposed of within the aforesaid period. This application stands disposed off accordingly. (Rajeev Ranjan Prasad, J) avin/- U T