Disposed

Rakhi Kumari v. The State Of Bihar Through Inspector General Of Police, Bihar, Patna and Ors.

Patna HC16 Jan 2014CR. WJC/626/2013

Case brief

AI extract

What is this about?

A single-judge bench directed the petitioner to appear before the investigating authority (OIC Pandaul PS) for physical verification of age and recording a statement under Section 164 Cr.P.C. regarding a pending investigation into her alleged kidnapping. The petition was disposed of based on this direction.

What did the court decide?

None granted; petitioner directed to appear before OIC Pandaul PS for age verification and Statement u/s 164 Cr.P.C.

Rakhi Kumari Vs The State Of Bihar Through Inspector General… — Bail and Remand | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.626 of 2013

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Rakhi Kumari D/O Ghanshyam Jha Resident Of Village- Holarpatti, P.S.Ashok Paper Mill (Hayaghat), District- Darbhanga

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.... .... Petitioner/s

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Versus

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The State Of Bihar Through Inspector General Of Police Bihar, Patna 2. The Deputy Inspector General Of Police Darbhanga

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The Superintendent Of Police Madhubani

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The Sub-Divisional Police Officer Madhubani

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The Officer In Charge Pandaul Police Sttaion, Pandaul 6. Ashok Jha S/O Subodh Jha Resident Of Village- Haiderpur, P.S.Pandaul, District- Madhubani 7. Ranjan Kumar Jha S/O Subodh Jha Resident Of Village- Haiderpur, P.S.Pandaul, District- Madhubani 8. Rakesh Raut S/O Manger Raut Resident Of Vidyapati Colony, P.S.Rajnagar, District- Madhubani.

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.... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ratnakar Jha, Adv. For the Respondent/s : G.P-16

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====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER

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3 16-01-2014 Heard learned counsel for the petitioner as well as

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learned G.P.-16.

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2. With regard to kidnapping of petitioner, Rakhi Kumari on the written report of her maternal uncle Pandaul P.S. Case No. 93/2013 was registered. As per submission, the case is still under investigation.

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3. It has been submitted on behalf of the petitioner that she is a major one and she has married with Rakesh Raut, the accused of Pandaul P.S. Case No. 93/2013. So submitted that

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Patna High Court CR. WJC No.626 of 2013 (3) dt.16-01-2014

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being major as well as having been married with Rakesh Raut out of her own free consent, the FIR of Pandaul P.S. Case No. 93/2013 should not be accepted and in likewise manner, Rakesh Raut should be kept immune from legal prosecution.

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4. Then thereafter, having levelled unwarranted allegation has asked for his prevention from the clutches of her maternal uncles, Respondent Nos. 6 and 7 as well as registration of a case against them at least under the banner of human trafficking.

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5. On the other hand, learned GP-16 counter meeting with the submissions, submitted that once the petitioner has committed a mistake by falling under the trap of Rakesh Raut, now she has become puppet at his hand and prevailing with aforesaid status has now levelled allegations against her maternal uncle who from Annexure-2 itself was the custodian/guardian of petitioner after death of her father.

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6. Be that as it may, the presence of petitioner is still wanted in connection with Pandaul P.S. Case No. 93/2013. Therefore, it is well advised to the petitioner to have her presence before Investigating authority who will get her examined to ascertain her age as well as statement under Section-164 Cr.P.C. In case, the petitioner happens to be major one, then in that event,

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Patna High Court CR. WJC No.626 of 2013 (3) dt.16-01-2014

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she will be at liberty to react as per her own choice, contrary to it, the law will take its own course.

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7. With the aforesaid observation, the instant petition is disposed of.

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(Aditya Kumar Trivedi, J)

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perwez

Rakhi Kumari v. The State Of Bihar Through Inspector General Of Police, Bihar, Patna and Ors.

Case brief

What is this about?

What did the court decide?

Rakhi Kumari v. The State Of Bihar Through Inspector General Of Police, Bihar, Patna and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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