Dismissed

Rita Devi v. The State Of Bihar Through The D.g.p. Bihar, Patna and Ors.

Patna HC23 Apr 2015CR. WJC/214/2015

Case brief

AI extract

What is this about?

The High Court dismissed a habeas corpus petition by a father seeking custody of his minor daughter. The court heard the minor, who expressed a clear desire to live with her father and reject her mother due to alleged blackmail and torture.

What did the court decide?

No writ in the nature of habeas corpus can be issued; the writ application is dismissed.

Rita Devi Vs The State Of Bihar Through The… — Child Custody and Guardianship | Patna HC (2015)

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Patna High Court Cr. WJC No.214 of 2015 (3) dt.23-04-2015

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Writ Jurisdiction Case No.214 of 2015

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====================================================== Rita Devi, W/o Ram Niranjan Chaudhary and daughter of Late Ram Rup Prasad Mishra, resident of village- Patori, P.S. Patori, P.O. Anandpur, District- Darbhanga, Bihar

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.... .... Petitioner Versus

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The State of Bihar through the D.G.P., Bihar, Patna 2. The Senior S.P., Patna.

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The Officer-in-charge, Shashtri Nagar P.S. Town & District-Patna 4. Ram Niranjan Chaudhary, son of Late Rajendra Chaudhary, resident of village-Bhagalpur, P.S. Bhagalpur, P.O. Mehadauli, DistrictBegusarai, at present residing at Mohalla-Professor Colony, Lal Babu Market, West Patel Nagar, P.S. Shastri Nagar, Patna.

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.... .... Respondent/s

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

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3 23-04-2015 Heard learned counsel for the petitioner and learned counsel for the State.

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As directed by us, the daughter of the petitioner, namely, Sneh Shruti @ Priti @ Golki has been produced before us by respondent No.4, her father.

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We have had the occasion to discuss with her in Chambers and she is emphatic that she wants to continue to live with her father and other family members of the joint family, which includes her grandmother, uncle, aunt and two cousins and she is equally emphatic that she does not want to go with her mother. The girl in question has also stated that she is being tortured by repeated phone calls by the petitioner and an Advocate

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Patna High Court Cr. WJC No.214 of 2015 (3) dt.23-04-2015

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associated with her and practically she is being blackmailed to go and live with her mother which she does not want.

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On talking with the girl, namely, Sneh Shruti @ Priti @ Golki, we are prima facie satisfied that she has not made any statement under duress from any person, rather on her own volition she wants to continue with her father.

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In the aforesaid circumstances, no writ in the nature of

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habeas corpus can be issued in the present matter.

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The writ application is, accordingly, dismissed.

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(Ramesh Kumar Datta, J)

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V.P.Sinha/-

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(Anjana Mishra, J)

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Rita Devi v. The State Of Bihar Through The D.g.p. Bihar, Patna and Ors.

Case brief

What is this about?

What did the court decide?

Rita Devi v. The State Of Bihar Through The D.g.p. Bihar, Patna and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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