Pradeep Pandit v. The State Of Bihar Through Chief Secretary, Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2547 of 2018 Arising Out of PS. Case No.-40 Year-2018 Thana- MAHILA PS District- Jamui ====================================================== Pradeep Pandit, Son of Late Baiju Pandit, Resident of Village Manjhway, P.S. and District- Jamui.

... ... Petitioner

Versus

1. The State of Bihar through Chief Secretary, Bihar, Patna.

2. The District Magistrate, Jamui.

3. The Superintendent of Police, Jamui.

4. The Deputy Superintendent of Police, Jamui.

5. The Officer-in-Charge, Jamui Mahila Police Station, Jamui.

6. The Chief Madical Officer, Sadar Hospital, Jamui.

7. Anil Pandey, S/o Late Ramrup Pandey, Vill.- Manjhwey, P.S. + Dist.- Jamui.

8. The Principal Secretary, Social Welfare Security Cell, Bihar, Patna

9. The Director, Bihar State Legal Service, Bihar, Patna

10. The Director, Indira Gandhi Institute of Medical Science, Patna ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar Sinha For the Respondent/s :

Mr. Sheo Shankar Prasad (Sc8) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-10-2018 Learned counsel for the petitioner submits that in view of the order dated 11.10.2018 passed by this Court, the amount of interim compensation has already been paid to the petitioner and the District Magistrate as well as the Superintendent of Police, Jamui have taken adequate care to send the victim girl to I.G.I.M.S. and presently the victim girl is there in the hospital under medical care. This being the position, learned counsel for the petitioner is not willing to press this application at this stage. Learned counsel submits that in terms of the scheme framed by the Government under Section 357 A of the Code of Criminal Procedure, his request for proper compensation is required to be considered by the Bihar State Legal Services Authority.

Patna High Court Cr. WJC No.2547 of 2018(4) dt.29-10-2018 2/2 This Court is of the considered opinion that the benefit of the scheme to a victim of rape must be provided and for that reason the court would permit the petitioner to file an appropriate application before the Bihar State Legal Services Authority where his application shall be processed at and the same will be considered within a period of 60 days from the date of submission of the application. The Court would expect that considering the nature of the case, the maximum relief which is permissible under the scheme shall be granted to the petitioner.

This application stands disposed off.

Learned counsel for the petitioner submits that in case the victim girl faces any difficulty in the I.G.I.M.S. or in compliance of the previous order of the Court by any other authority, he may be given liberty to bring it to the notice of this Court for an appropriate direction.

The liberty is granted. In any such circumstance the petitioner may file a short affidavit in the present case and on filing such an affidavit, the case will be listed before this Court. (Rajeev Ranjan Prasad, J) avin/- U