Disposed

Niru Kumari v. The State of Bihar

Patna HC24 Sept 2019CR. MISC./59790/2019

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AI extract

What is this about?

The High Court disposed of the petition for quashing a remand order, directing the Chief Judicial Magistrate to reconsider the release of the petitioner, now a majority adult, while prioritizing the welfare of her newborn child placed in a care home.

What did the court decide?

The trial court is directed to dispose of the renewed prayer for release considering the petitioner's majority and the welfare of her newborn child.

Niru Kumari Vs The State of Bihar — Child Custody and Guardianship | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59790 of 2019

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Arising Out of PS. Case No.-282 Year-2018 Thana- JAHANABAD District- Jehanabad

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======================================================

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NIRU KUMARI Wife of Nitish Kumar @ Nitish Paswan, D/o- Deva Vishwakarma, Resident of Village - Daulatpur, P.S.- Jehanabad, District - Jehanabad.

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... ... Petitioner/s

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Versus

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The State of Bihar

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The Superintendent of Care Home Gay Ghat, Patna City Patna.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Jay Ram Prasad For the Opposite Party/s : Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER

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2 24-09-2019 Heard the parties.

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This application, under Section 482 of the Code of

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Criminal Procedure, is for quashment of order dated 10.08.2018 passed by the learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad Police Station Case No.282 of 2018.

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The petitioner is victim of the crime. The prayer of the petitioner to be released from the remand home was refused by the learned court below on 10.08.2018 as on that day the petitioner had not attained majority.

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Now the petitioner has already attained majority as per the material of date of birth produced and relied upon by the learned court below.

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Patna High Court CR. MISC. No.59790 of 2019(2) dt.24-09-2019 2/2

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In the changed circumstances, the petitioner may renew the prayer before the learned court below itself and the learned court below shall dispose of the prayer with a reasoned order, according to law. While disposing of the petition, the learned court below shall consider that the petitioner has already given birth to a child in the remand home where lookafter and care of the child as well as the mother is not possible as needed. Especially, the new born child’s right would be taken serious note of.

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With the aforesaid observation, this application stands disposed of.

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The learned court below is directed to take appropriate decision within one week from the date of receipt/production of the copy of this order.

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(Birendra Kumar, J)

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abhishek/-

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U T

Niru Kumari v. The State of Bihar

Case brief

What is this about?

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Niru Kumari v. The State of Bihar

Case brief

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