Patna High CourtCR. WJC/1821/2018disposed

Suman Kumari @ Sapna v. The State Of Bihar Through The Secretary, Home, Bihar, Patna And ORS

2018-09-04Mr. Justice Madhuresh Prasad,Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1821 of 2018 Arising Out of PS. Case No.-506 Year-2016 Thana- SAHARSA District- Saharsa ====================================================== Suman Kumari @ Sapna wife of Raushan Kumar R/o Village Badulia, P.S. Jai Nagar, District Koderma (Jharkhand) at present residing in Mohalla - Bharitya Nagar, P.S. & District Saharsa.

... ... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Home, Bihar, Patna.

2. The Secretary, Home Department, Govt. of Bihar, Patna.

3. The Superintendent of after Care Home, Gai Ghat, Patna.

4. The Station House Officer of Mahila Police Station, Saharsa.

5. Raushan Kumar son of Radhey Shyam Rai R/o Village Badulia, P.S. Jai Nagar, District - Koderma (Jharkhand) at present residing in Mohalla - Bharitya Nagar, P.S. & District Saharsa.

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Dhramveer, Advocate Ms. Preety Kunwar, Advocate For the Respondent/s :

Mr. Prabhu Narayan Sharma, AC to AG.

====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) Date : 04-09-2018 After some argument, learned counsel for the petitioner seeks leave to withdraw this writ application to move before the Chief Judicial Magistrate, Saharsa in connection with Saharsa (Sadar) P.S. Case No.506 of 2016 as she wants to move out of Nari Niketan, Gaighat, Patna.

It appears from the records available that on the basis of the petition filed by the writ petitioner herself, an order was passed

Patna High Court Cr. WJC No.1821 of 2018 dt.04-09-2018 2/2 by the concerned court to transfer the victims in Uttar Raksha Grih (Nari Niketan), Gaighat, Patna. Thus, it appears that the order was passed on her consent.

However, if the petitioner is major and now she wants to move out of Nari Niketan, she should approach such court first. If such application is filed by the petitioner along with a copy of this order, let the concerned court take a decision in accordance with law within a period of two weeks thereafter also considering that it is admitted position that she is not an accused rather she is a victim of the case.

(Dr. Ravi Ranjan, J) ( Madhuresh Prasad, J) V.K.Pandey/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 05.09.2018 Transmission Date N.A.