Saroj Kumari v. The State Of Bihar Through The Principal Secretary, Department Of Home, Government Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1167 of 2017 Arising Out of PS. Case No.-26 Year-2017 Thana- DHANAHA District- West Champaran ====================================================== Saroj Kumari, W/o Sh. Pappu Kumar Yadav, D/o Sh. Ram Ayodhya Yadav, R/o Village- Madhubani, Piparpati Tola, P.S.- Dhanaha, District- West Champaran, at present residing at Nari Niketan, Gaighat, Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department Of Home, Government Of Bihar, Patna 2.

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

The District Magistrate, West Champaran.

4.

The Superintendent of Police, West Champaran. 5.

The Dy. Superintendent of Police, Bagaha.

6.

The Station House Officer, Dhanaha P.S., District- West Champaran. 7.

The Superintendent, Nari Niketan, Gaighat, Patna. 8.

Ram Ayodhya Yadav, Son of Late Mangal Yadav, R/o Village- Madhubani, P.S.- Dhanaha, District- West Champaran.

Lalmati Devi, wife of Sh. Radheshyam Yadav, R/O VillagePakadiyar/Piparpati Tola, P.S.-Dhanaha, District-West Champaran. 9.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr.Manoj Kumar, Advocate For the State :

Mr.Ravi Verma, A.C. to G.P.-4 For Respondent No.8 :

Mr. Subodh Kumar Barnwal, Advocate Mr. Prabhakar Sahai, Advocate For Respondent No.9 :

Mr. Rajnandan Kumar, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 04-02-2020 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. Learned counsel for respondent No.9 is also present and has filed an affidavit stating that she is willing to take the girl into her own protection and being the mother-in-law, she will keep her with all love and affection.

Patna High Court CR. WJC No.1167 of 2017(3) dt.04-02-2020 2/2 Learned counsel for the State, however, submits that as per the impugned order, the date of birth has been recorded as 14.04.2002, which would make the girl an adult on 14th of April, 2020 and therefore, she may be directed to be released in accordance with her own wishes as soon as she attains majority. Considering the entire submissions advanced by the learned counsel for the State, let the petitioner Saroj Kumari be released from the Nari Niketan on or within a period of one week from the date she attains majority i.e., 14.04.2020. The authorities shall keep in mind the welfare of the petitioner as well as her baby child in the meantime.

The application stands disposed of.

(Anjana Mishra, J) PNM U T