Disposed

Rakesh Paswan v. The State Of Bihar and Ors.

Patna HC13 Aug 2014CR. MISC./312/2014

Case brief

AI extract

What is this about?

The Patna High Court directed the release of victims of kidnapping who are declared adults by medical boards from remand homes. It mandated production before the concerned judicial magistrate, recording of their statement on kidnapping, and release on bonds. It also clarified procedures for mentally challenged inmates and missing persons.

What did the court decide?

Adult victims of kidnapping are to be produced before the concerned judicial magistrates and released on bonds after recording their statement; procedures outlined for mentally challenged inmates and

Rakesh Paswan Vs The State Of Bihar and Ors. — Child Custody and Guardianship | Patna HC (2014)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Criminal Miscellaneous No.312 of 2014

¶3

Arising Out of Riga P.S.Case No. -11 Year- 2013 Thana -RIGA District- SITAMARHI ====================================================== Rakesh Paswan, Son Of Baiju Paswan, Resident Of Village - Sahbazpur, P.S.- Riga, District - Sitamarhi. .... .... Petitioner/s Versus 1. The State of Bihar. 2. The Superintendent of Police, Sitamarhi, District-Sitamarhi. 3. The Divisional Superintendent of Police, Sitamarhi, District- Sitamarhi. 4. The Officer Incharge of Riga Police Station, Sitamarhi, District - Sitamarhi. 5. The Superintendent, Nari Niketan, Gai Ghat, Patna, District - Patna. 6. Bhagwan Sah, Son Of Bhola Sah, Resident Of Village - Sahwajpur, P.S.- Riga, District - Sitamarhi. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar For the State : Mr. Rajendra Singh Shastri(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 5 10-09-2014 Pursuant to the order dated 13.8.2014, the Superintendent, Nari Niketan, Gaighat, furnished a list of cases in which victims have attained majority and have been kept in Nari Niketan, Gaighat, with following details: 1. Khushboo Khatoon @ Khushbu Rahmani is detained in the Remand Home, Gaighat, in connection with Saur Bazar P.S. (Patthar Ghat) O.P. Case No. 82 of 2014 pending before the Chief Judicial Magistrate, Saharsa, and she was opined to be between 17-18 years on 1.5.2014 as per the Medical Board. Evidently, she is an adult. In view of such, she is directed to be

¶4

Patna High Court Cr.Misc. No.312 of 2014 (5) dt.10-09-2014

¶5

2/20

¶6

produced before the Chief Judicial Magistrate, Saharsa, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶7

Puja Kumari is detained in the Remand Home, Gaighat, in connection with Siwan Town P.S. Case No. 294 of 2013 pending before the Chief Judicial Magistrate, Siwan, and she was opined to be between 17-18 years on 18.1.2014 as per the Medical Board. Evidently, she had attained majority. She is directed to be produced before the Chief Judicial Magistrate, Siwan, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶8

Rima Kumari is detained in the Remand Home, Gaighat, in connection with Riga P.S. Case No. 84 of 2013, pending before the Chief Judicial Magistrate, Sitamarhi, and she was opined to be between 17-18 years on 22.2.2014 as per the Medical Board. Evidently, she is major. She is directed to be produced before the Chief Judicial Magistrate, Sitamarhi, who shall record her statement with regard to kidnapping and, thereafter, release her on bonds with an undertaking that she will

¶9

Patna High Court Cr.Misc. No.312 of 2014 (5) dt.10-09-2014

¶10

3/20

¶11

appear before the Court below as and when she is required.

¶12

Khushbu Devi is detained in the Remand Home, Gaighat, in connection with Sitamarhi P.S. Case No.948 of 2012 pending before the Chief Judicial Magistrate, Sitamarhi, and she was opined to be between 17-18 years on 20.3.2014 as per the Medical Board. Evidently, she is an adult. She is directed to be produced before the Chief Judicial Magistrate, Sitamarhi, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶13

Kunti Devi is detained in the Remand Home, Gaighat, in connection with Narpatganj P.S. Case No. 259 of 2013 pending before the Chief Judicial Magistrate, Araria, was opined to be between 17-18 years on 8.3.2014 as per the Medical Board. Evidently, she is an adult. She is directed to be produced before the Chief Judicial Magistrate, Araria, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶14

Rubi Kumari is detained in the Remand Home, Gaighat, in connection with Tandwa P.S. Case No. 39 of 2012 pending before the Chief Judicial Magistrate, Aurangabad, and she

¶15

Patna High Court Cr.Misc. No.312 of 2014 (5) dt.10-09-2014

¶16

4/20

¶17

was opined to be between 17-18 years on 9.2.2013 as per the Medical Board. Evidently, she is an adult. She is directed to be produced before the Chief Judicial Magistrate, Aurangabad, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶18

Nitu Kumari is detained in the Remand Home, Gaighat, in connection with Manihari P.S. Case No. 77 of 2013 pending before the Chief Judicial Magistrate, Katihar, and she was opined to be between 17-18 years on 22.2.2014 as per the Medical Board. Evidently, she is an adult. In view of such, she is directed to be produced before the Chief Judicial Magistrate, Katihar, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶19

Gunja Kumari is detained in the Remand Home, Gaighat, in connection with Delha P.S. Case No. 45 of 2013 pending before the Chief Judicial Magistrate, Gaya, and she was opined to be between 17-18 years on 18.1.2014 as per the Medical Board. Evidently, she is an adult. In view of such, she is directed to be produced before the Chief Judicial Magistrate, Gaya, who shall record her statement with regard to her stand on kidnapping

¶20

Patna High Court Cr.Misc. No.312 of 2014 (5) dt.10-09-2014

¶21

5/20

¶22

and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶23

Phul Kumari is detained in the Remand Home, Gaighat, in connection with Kumarkhand P.S. Case No. 04 of 2013 pending before the Chief Judicial Magistrate, Madhepura, and she was opined to be between 17-18 years on 29.3.2014 as per the Medical Board. Evidently, she is an adult. She is directed to be produced before the Chief Judicial Magistrate, Madhepura, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶24

Soni Kumari is detained in the Remand Home, Gaighat, in connection with Hussainganj P.S. Case No. 04 of 2013 pending before the Chief Judicial Magistrate, Siwan, and she was opined to be between 17-18 years on 26.8.2014 as per the Medical Board. Evidently, she is an adult. She is directed to be produced before the Chief Judicial Magistrate, Siwan, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶25

Satyam Kumari is lodged in the Remand Home, Gaighat, in connection with Khanpur P.S. Case No. 48 of 2014

¶26

Patna High Court Cr.Misc. No.312 of 2014 (5) dt.10-09-2014

¶27

6/20

¶28

pending before the Judicial Magistrate 1^st Class, Samastipur, and she was opined to be between 17-18 years on 26.8.2014 as per the Medical Board. Evidently, she is an adult. In view of such, she is directed to be produced before the Judicial Magistrate 1^st Class, Samastipur, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶29

Tasnim Kausar detained in the Remand Home, Gaighat, in connection with Dalsinghsarai P.S. Case No. 37 of 2013 pending before the Additional Chief Judicial Magistrate, Dalsinghsarai, and she was opined to be between 17-19 years on 11.12.2013 as per the Medical Board. Evidently, she is an adult. In view of such, she is directed to be produced before the Additional Chief Judicial Magistrate, Dalsinghsarai, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶30

Sukirti @ Lovely is detained in the Remand Home, Gaighat, in connection with Samastipur Town P.S. Case No. 133 of 2013 pending before the Chief Judicial Magistrate, Samastipur, and she was opined to be between 16-18 years on

¶31

Patna High Court Cr.Misc. No.312 of 2014 (5) dt.10-09-2014

¶32

7/20

¶33

24.8.2013 as per the Medical Board. Evidently, she is major now. In view of such, she is directed to be produced before the Chief Judicial Magistrate, Samastipur, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶34

Anand Rupa is detained in the Remand Home, Gaighat, in connection with Tekari Panchananpur P.S. Case No. 08 of 2012, pending before the Chief Judicial Magistrate, Gaya, and she was opined to be between 16-18 years on 24.8.2013 as per the Medical Board. Evidently, she is an adult. In view of such, she is directed to be produced before the Chief Judicial Magistrate, Gaya, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶35

Puja Kumari is detained in the Remand Home, Gaighat, in connection with Gopanpur P.S. Case No. 28 of 2013, pending before the Chief Judicial Magistrate, Gopalganj, and she was opined to be between 16-18 years on 24.8.2013 as per the Medical Board. Evidently, she is an adult. In view of such, she is directed to be produced before the Chief Judicial Magistrate,

¶36

Patna High Court Cr.Misc. No.312 of 2014 (5) dt.10-09-2014

¶37

8/20

¶38

Gopalganj, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶39

Saira Jahan is detained in the Remand Home, Gaighat, in connection with Civil Line P.S. Case No. 312 of 2013 pending before the Chief Judicial Magistrate, Gaya, and she was opined to be between 16-18 years on 11.11.2013 as per the Medical Board. Evidently, she is an adult. In view of such, she is directed to be produced before the Chief Judicial Magistrate, Gaya, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶40

Savita Devi is detained in the Remand Home, Gaighat, in connection with Haspura P.S. Case No. 39 of 2013 pending before the Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad, and she was opined to be between 18-19 years on 8.3.2014 as per the Medical Board. Evidently, she is an adult. In view of such, she is directed to be produced before the Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad, who shall record her statement with regard to her stand on kidnapping and,

¶41

Patna High Court Cr.Misc. No.312 of 2014 (5) dt.10-09-2014

¶42

9/20

¶43

thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶44

Priyanka Kumari along with a child is detained in the Remand Home, Gaighat, in connection with Dewaria P.S. Case No. 23 of 2012 pending before the Sub Divisional Judicial Magistrate, Muzaffarpur, and she was opined to be between 17-18 years on 4.5.2013 as per the Medical Board. Evidently, she is an adult. In view of such, she with her baby is directed to be produced before the Sub Divisional Judicial Magistrate, Muzaffarpur, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶45

Sangita Kumari is detained in the Remand Home, Gaighat, in connection with Kako P.S. Case No. 54 of 2011 pending before the Chief Judicial Magistrate, Jehanabad, and she was opined to be between 17-18 years on 4.5.2013 as per the Medical Board. Evidently, she is an adult. In view of such, she is directed to be produced before the Chief Judicial Magistrate, Jehanabad, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and

¶46

Patna High Court Cr.Misc. No.312 of 2014 (5) dt.10-09-2014

¶47

10/20

¶48

when she is required.

¶49

Alisha Kumari is detained in the Remand Home, Gaighat, in connection with Sahebpur Kamal P.S. Case No. 180 of 2012 pending before the Chief Judicial Magistrate, Begusarai, and she was opined to be between 17-18 years on 11.4.2013 as per the Medical Board. Evidently, she is an adult. In view of such, she is directed to be produced before the Chief Judicial Magistrate, Begusarai, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶50

Rukhsar Khatoon is detained in the Remand Home, Gaighat, in connection with Kasba P.S. Case No. 73 of 2012 pending before the Chief Judicial Magistrate, Purnea, and she was opined to be between 17-18 years on 24.8.2013 as per the Medical Board. Evidently, she is an adult. In view of such, she is directed to be produced before the Chief Judicial Magistrate, Purnea, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶51

Sulaina Kumari is detained in the Remand Home,

¶52

Patna High Court Cr.Misc. No.312 of 2014 (5) dt.10-09-2014

¶53

11/20

¶54

Gaighat, in connection with Bakhri P.S. Case No. 31 of 2012 pending before the Chief Judicial Magistrate, Begusarai, and she was opined to be between 17-18 years on 9.2.2013 as per the Medical Board. Evidently, she is an adult. In view of such, she is directed to be produced before the Chief Judicial Magistrate, Begusarai, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶55

Vinita Kumari is detained in the Remand Home, Gaighat, in connection with Barbigha P.S. Case No. 44 of 2013 pending before the Chief Judicial Magistrate, Sheikhpura, and she was opined to be between 19-20 years on 8.3.2014 as per the Medical Board. Evidently, she is an adult. In view of such, she is directed to be produced before the Chief Judicial Magistrate, Sheikhpura, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶56

Kiran Kumari is detained in the Remand Home, Gaighat, in connection with Shivsagar Baddi P.S. Case No. 13 of 2014 pending before the Chief Judicial Magistrate, Rohtas,

¶57

Patna High Court Cr.Misc. No.312 of 2014 (5) dt.10-09-2014

¶58

12/20

¶59

Sasaram, and she was opined to be between 19-20 years on 12.4.2014 as per the Medical Board. Evidently, she is an adult. In view of such, she is directed to be produced before the Chief Judicial Magistrate, Rohtas at Sasaram, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶60

Kanchan Kumari along with a child is detained in the Remand Home, Gaighat, in connection with Runnisaidpur P.S. Case No. 99 of 2013 pending before the Chief Judicial Magistrate, Sitamarhi, and she was opined to be between 19-20 years on 29.3.2014 as per the Medical Board. Evidently, she is an adult. In view of such, she along with the baby is directed to be produced before the Chief Judicial Magistrate, Sitamarhi, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶61

Gita Kumari @ Phekni is detained in the Remand Home, Gaighat, in connection with Dhanarua P.S. Case No. 139 of 2013 pending before the Sub Divisional Judicial Magistrate, Masaurhi, and she was opined to be between 19-20 years on 31.5.2014 as per the Medical Board. Evidently, she is an adult. In

¶62

Patna High Court Cr.Misc. No.312 of 2014 (5) dt.10-09-2014

¶63

13/20

¶64

view of such, she is directed to be produced before the Sub Divisional Judicial Magistrate, Masaurhi, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶65

Rubi Khatoon @ Rubi Parween is detained in the Remand Home, Gaighat, in connection with Narpatganj P.S. Case No. 362 of 2013 pending before the Chief Judicial Magistrate, Araria, and she was opined to be between 19-20 years on 12.4.2014 as per the Medical Board. Evidently, she is an adult. In view of such, she is directed to be produced before the Chief Judicial Magistrate, Araria, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶66

Neha @ Nisha Kumari is detained in the Remand Home, Gaighat, in connection with Jagdishpur P.S. Case No.268 of 2013 pending before the Chief Judicial Magistrate, Bhojpur at Ara, and she was opined to be between 19-20 years on 12.4.2014 as per the Medical Board. Evidently, she is an adult. In view of such, she is directed to be produced before the Chief Judicial Magistrate, Bhojpur at Ara, who shall record her statement with

¶67

Patna High Court Cr.Misc. No.312 of 2014 (5) dt.10-09-2014

¶68

14/20

¶69

regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶70

Kavita Kumari is detained in the Remand Home, Gaighat, in connection with Muzaffarpur Town P.S. Case No. 105 of 2010 pending before the Chief Judicial Magistrate, Muzaffarpur, and she was opined to be between 17-18 years on 27.3.2012 as per the Medical Board. Evidently, she is an adult. In view of such, she is directed to be produced before the Chief Judicial Magistrate, Muzaffarpur, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶71

Puja Kumari is detained in the Remand Home, Gaighat, in connection with Sahayak P.S. Case No. 211 of 2012 pending before the Chief Judicial Magistrate, Katihar, and she was opined to be between 18-19 years on 26.6.2012 as per the Medical Board. Evidently, she is an adult. In view of such, she is directed to be produced before the Chief Judicial Magistrate, Katihar, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶72

Patna High Court Cr.Misc. No.312 of 2014 (5) dt.10-09-2014

¶73

15/20

¶74

Priyanka Kumari along with a child is detained in the Remand Home, Gaighat, in connection with Jamalpur P.S. Case No. 07 of 2013 pending before the Sub Divisional Judicial Magistrate, Biraul, Benipur, Darbhanga, and she was opined to be between 18-19 years on 4.5.2013 as per the Medical Board. Evidently, she is an adult. In view of such, she along with the baby is directed to be produced before the Sub Divisional Judicial Magistrate, Darbhanga, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶75

Arti Kumari is detained in the Remand Home, Gaighat, in connection with Turkaulia P.S. Case No. 08 of 2013 pending before the Chief Judicial Magistrate, Motihari, and she was opined to be between 18-19 years on 4.5.2013 as per the Medical Board. Evidently, she is an adult. In view of such, she is directed to be produced before the Chief Judicial Magistrate, Motihari, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶76

Baby Devi is detained in the Remand Home,

¶77

Patna High Court Cr.Misc. No.312 of 2014 (5) dt.10-09-2014

¶78

16/20

¶79

Gaighat, in connection with Daudpur P.S. Case No. 13 of 2013 pending before the Chief Judicial Magistrate, Saran at Chapra, and she was opined to be between 17-19 years on 24.8.2013 as per the Medical Board. Evidently, she is an adult. In view of such, she is directed to be produced before the Chief Judicial Magistrate, Saran at Chapra, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶80

Rekha Kumari is detained in the Remand Home, Gaighat, in connection with Pusa P.S. Case No. 109 of 2012 pending before the Chief Judicial Magistrate, Samastipur, and she was opined to be between 17-19 years on 9.2.2013 as per the Medical Board. Evidently, she is an adult. In view of such, she is directed to be produced before the Chief Judicial Magistrate, Samastipur, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶81

Lushi Kumari is detained in the Remand Home, Gaighat, in connection with Sahebpur Kamal P.S. Case No. 166 of 2012 pending before the Chief Judicial Magistrate, Begusarai, and

¶82

Patna High Court Cr.Misc. No.312 of 2014 (5) dt.10-09-2014

¶83

17/20

¶84

she was opined to be between 17-19 years on 24.8.2013 as per the Medical Board. Evidently, she is an adult. In view of such, she is directed to be produced before the Chief Judicial Magistrate, Begusarai, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶85

Sabana Khatoon along with a child is detained in the Remand Home, Gaighat, in connection with Manihari P.S. Case No. 63 of 2012, pending before the Chief Judicial Magistrate, Katihar, and she was opined to be between 17-19 years on 16.10.2012 as per the Medical Board. Evidently, she is an adult. In view of such, she along with the baby is directed to be produced before the Chief Judicial Magistrate, Katihar, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶86

Payal Bibi is detained in the Remand Home, Gaighat, in connection with Kotwali P.S. Case No. 76 of 2013 pending before the Chief Judicial Magistrate, Gaya, and she was opined to be between 17-19 years on 24.8.2013 as per the Medical Board. Evidently, she is an adult. In view of such, she is directed

¶87

Patna High Court Cr.Misc. No.312 of 2014 (5) dt.10-09-2014

¶88

18/20

¶89

to be produced before the Chief Judicial Magistrate, Gaya, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶90

Lakho Kumari is detained in the Remand Home, Gaighat, in connection with Mohdinagar P.S. Case No. 123 of 2011 pending before the Chief Judicial Magistrate, Samastipur, and she was opined to be between 16-18 years on 14.2.2012 as per the Medical Board. Evidently, she is an adult. In view of such, she is directed to be produced before the Chief Judicial Magistrate, Samastipur, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with an undertaking that she will appear before the Court below as and when she is required.

¶91

Nirasha Kumari is detained in the Remand Home, Gaighat, in connection with Baddi P.S. Case No. 206 of 2012 pending before the Chief Judicial Magistrate, Rohtas, Sasaram, and she was opined to be between 20-22 years on 22.6.2013 as per the Medical Board. Evidently, she is an adult. In view of such, she is directed to be produced before the Chief Judicial Magistrate, Rohtas at Sasaram, who shall record her statement with regard to her stand on kidnapping and, thereafter, release her on bonds with

¶92

Patna High Court Cr.Misc. No.312 of 2014 (5) dt.10-09-2014

¶93

19/20

¶94

an undertaking that she will appear before the Court below as and when she is required.

¶95

It is unfortunate that victims who have attained majority in cases of alleged kidnapping are being kept in the Remand Home, Gaighat, Patna, even sometimes against their will. Thus, evidently, it is a violation of their fundamental rights as guaranteed under Article 21 of the Constitution of India.

¶96

In such circumstances, whenever a Medical Board on assessment declares an inmate as major, the Superintendent, Remand Home, Gaighat, Patna, shall forward her to the Court concerned with the relevant documents, within 15 days. Thereafter, the Court after recording her stand on kidnapping shall release her on bonds as found fit.

¶97

It is again clarified that after an inmate is medically examined, the Medical Report shall be compulsorily forwarded to the Court concerned for needful action.

¶98

It is learnt that there are some mentally challenged inmates in the Remand Home. Some of them have regained their mental health and are in a position to give information about their addresses which have been verified by the Remand Home authorities. In some cases, after due publication of notices, Claimants have appeared for their custody.

¶99

Patna High Court Cr.Misc. No.312 of 2014 (5) dt.10-09-2014

¶100

20/20

¶101

In the aforesaid situation, the Superintendent, Remand Home, Gaighat, Patna, is directed to release the inmates after due verification of all the documents of the Claimants and inform the Court/Authorities concerned with regard to the action taken.

¶102

Same procedure shall apply even the cases of missing inmates who have been placed in the Remand Home having location of their whereabouts.

¶103

Let this order be communicated to the Superintendent, Remand Home, Gaighat, Patna, and all the District and Sessions Judges for circulation amongst the Judicial Magistrates.

¶104

S.Ali/U T

¶105

(Anjana Prakash, J)

Rakesh Paswan v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Rakesh Paswan v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Krishna Kumar Sharma @ Krishna Nandan Sharma Vs The State Of Bihar

Md. Azad Alam Vs The State Of Bihar

Guddu Kumar Vs State Of Bihar and Anr.

Dr. Dhiraj Sinha Vs State Of Bihar and Anr.

Md. Ladle @ Md. Ladla Vs State Of Bihar and Anr.

Ranjit Kumar Vs The State Of Bihar