Dismissed

Sumit Kumar @ Sujit Kumar v. the State of Bihar and Anr.

Patna HC16 Jan 2013CR. REV./105/2012

Case brief

AI extract

What is this about?

Petitioner challenged an order rejecting his application to release his wife, who was found to be underage. The High Court found no illegality in the magistrate's decision to send her to a Care Home and dismissed the revision.

What did the court decide?

Order dated 09.12.2011 in Muzaffarpur Sadar P.S. Case No. 105 of 2010 rejecting release application to petitioner is upheld.

Sumit Kumar @ Sujit Kumar Vs the State of Bihar… — Child Custody and Guardianship | Patna HC (2013)

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Patna High Court CR. REV. No.105 of 2012 (4) dt.16-01-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.105 of 2012

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====================================================== Sumit Kumar @ Sujit Kumar son of Kanhai Paswan, resident of VillageGobarsahi, P.S.-Sadar Muzaffarpur, District-Muzaffarpur. .... .... Petitioner Versus 1. The State Of Bihar. 2. Puja Kumari @ Kavita Kumari, wife of Sumit Kumar @ Sujit Kumar, residents of Village-Gobarsahi, P.S.-Sadar Muzaffarpur, District-Muzaffarpur. 3. Bharat Ray son of late Buneshwar Ray, resident of Gover Sahi, P.S.-Sadar Muzaffarpur, District-Muzaffarpur. .... .... Opposite Parties ====================================================== Appearance : For the Petitioner : Mr. Ranvijay Kumar Singh, Adv. For the O.P. No. 3 : Mr. Rakesh Kashyap, Adv. Mrs. Payal Kashyap. For the State : Mr. M.K. Khare, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER

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4 16-01-2013 Heard learned counsel for the petitioner, learned counsel for opposite party no. 3, and learned Additional Public Prosecutor for the State.

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This criminal revision is directed against the order dated 09.12.2011 passed in Muzaffarpur Sadar P.S. Case No. 105 of 2010 by the Court of Chief Judicial Magistrate, Muzaffarpur, whereby the learned Chief Judicial Magistrate rejected the application of the petitioner to release the victim, Kavita Kumari.

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Learned counsel for the petitioner submits that victim, Kavita Kumari performed marriage with the petitioner and the petitioner is ready to keep the victim, Kavita Kumari and

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Patna High Court CR. REV. No.105 of 2012 (4) dt.16-01-2013

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Kavita Kumari is also ready to live with the petitioner but the learned Chief Judicial Magistrate, illegally rejected the application of the petitioner and sent the victim, Kavita Kumari to Care Home, Patna till further.

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On perusal of the impugned order, it appears that after medical examination of the victim, Kavita Kumari, the I.O. produced the victim before the Court, where a petition was filed on behalf of petitioner to release the victim in his favour claiming her as wife. The victim has also showed her wish to go with the petitioner but the learned Chief Judicial Magistrate taking into consideration the date of birth of the victim as detailed in school certificate as 28.09.1996 sent the victim, Kavita Kumari to Care Home, Patna till further order.

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On perusal of the impugned order, I find no illegality. Accordingly, this application is dismissed.

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(Rajendra Kumar Mishra, J)

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Safik/-

Sumit Kumar @ Sujit Kumar v. the State of Bihar and Anr.

Case brief

What is this about?

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Sumit Kumar @ Sujit Kumar v. the State of Bihar and Anr.

Case brief

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What did the court decide?

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