Dismissed

Md. Murtuza v. The State Of Bihar Through The Secretary, Department Of Home Bihar, Patna and Ors.

Patna HC10 Apr 2015CR. WJC/157/2015

Case brief

AI extract

What is this about?

Patna High Court dismissed the petitioner's writ petition under habeas corpus. The court held that despite the petitioner's claim of majority, the girl was a minor based on medical opinion and the record of her statement under Section 164 Cr.P.C. wishing to go with parents.

What did the court decide?

No direction given for the girl to reside with the petitioner.

Md. Murtuza Vs The State Of Bihar Through The… — Child Custody and Guardianship | Patna HC (2015)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Criminal Writ Jurisdiction Case No.157 of 2015

¶3

====================================================== Md. Murtuza Son of Motibul Resident of Village - Ezarhatta, Police Station - Manigachchi, District - Darbhanga.

¶4

.... .... Petitioner/s

¶5

Versus

¶6

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

¶7

1. The Director General of Police, Bihar, Patna. 3. The Superintendent of Police, Darbhanga. 4. The Station House Officer (S.H.O.) Manigachchi, Darbhanga. 5. The Investigation Officer, Manigachchi Police Station, Darbhanga. 6. Md. Jilani S/o Md. Haidar Resident of Village - Ezarhatta, Police Station - Manigachchi, District - Darbhanga.

¶8

1. Sairo Bano D/o Md. Haidar Resident of Village - Ezarhatta, Police Station - Manigachchi, District - Darbhanga.

¶9

.... .... Respondent/s

¶10

====================================================== Appearance :

¶11

For the Petitioner/s : Ms. Kumari Sujata Sinha For the Respondent/s : Ms. Babita Kumari, AC to SC-18

¶12

====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA

¶13

and

¶14

HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA)

¶15

2 10-04-2015 As prayed for, learned counsel for the petitioner is permitted to delete the respondent no. 7 from the array of parties in the course of the day.

¶16

Heard learned counsel for the petitioner and learned counsel for the State.

¶17

The present writ application, seeking a writ of habeas corpus, has been filed with a prayer that the girl Saira Bano should be permitted to go to her in-laws’ place and live with the petitioner as husband and wife after release from the

¶18

Patna High Court Cr. WJC No.157 of 2015 (2) dt.10-04-2015

¶19

2/2

¶20

custody of respondent no.6.

¶21

It is the stand of the petitioner that the date of birth of Saira Bano is 5.1.1995 and therefore she had attained majority on the date of Nikah on 20.1.2014 with respect to which the marriage certificate and a joint declaration-cum-agreement prepared on the same date have been filed.

¶22

The brother of the victim girl had filed an FIR against the petitioner and others and upon recovery of the victim girl by the police, statement under Section 164 Cr.P.C. was recorded in which she stated that she wanted to go with her father and mother. The medical report of the Medical Board also opined that the age of the girl was 16-17 years. No document has been brought on the record to the contrary by the petitioner.

¶23

In the aforesaid circumstances, no such direction can be given against the respondents in whose custody the girl is living.

¶24

The writ application is, accordingly, dismissed.

¶25

(Ramesh Kumar Datta, J)

¶26

S.Pandey/U

¶27

(Anjana Mishra, J)

Md. Murtuza v. The State Of Bihar Through The Secretary, Department Of Home Bihar, Patna and Ors.

Case brief

What is this about?

What did the court decide?

Md. Murtuza v. The State Of Bihar Through The Secretary, Department Of Home Bihar, Patna and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vishwanath Prasad Vs The State Of Bihar and Ors.

Ram Biswas Ray Vs The State Of Bihar Through The Chief Secretary, Bihar, Patna and Ors.

Keshav Kishore Sinha Vs The State Of Bihar and Ors.

Lalan Paswan Vs The Union Of India and Ors.

Thakur Ashok Kumar Sinha and Ors. Vs The State Of Bihar and Ors.

Suman Kumar Singh Vs State Of Bihar and Anr.