Dismissed

Ajay Rishideo @ Ajay Kumar v. The State of Bihar

Patna HC6 Dec 2019CR. MISC./76703/2019

Case brief

AI extract

What is this about?

The Patna High Court dismissed a petition seeking quashing of an order refusing custody of a married woman to her husband. Relying on the victim's informed statement that she was kidnapped and wanted to return to her parents, the Court held there was no error in not acceding to the petitioner's request.

What did the court decide?

The application for quashing the order refusing custody of the victim to the petitioner was dismissed.

Ajay Rishideo @ Ajay Kumar Vs The State of Bihar — Matrimonial and Divorce | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.76703 of 2019

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Arising Out of PS. Case No.-15 Year-2017 Thana- JANKINAGAR District- Purnia

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

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Ajay Rishideo @ Ajay Kumar Son of Kailash Rishideo Resident of Village - Beltari Mushahari Tola, P.S.- Jankinagar, Dist.- Purnea.

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... ... Petitioner

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Versus

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The State of Bihar

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Manohar Thakur Son of Harihar Thakur Resident of Village - Rupauli Goth, P.O.- Shilanath Rupauli, P.S.- Jankinagar, Dist.- Purnea.

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Nikki Kumari D/o Manohar Thakur, w/o Ajay Rishideo @ Ajay Kumar Resident of Village - Rupauli Goth, P.O.- Shilanath Rupauli, P.S.Jankinagar, Dist.- Purnea.

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... ... Opposite Parties

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

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Appearance : For the Petitioner : Mr.Bhola Prasad with Mr. Indrajeet Kumar, Advocates For the Opposite Parties : Mr.Tarun Prasad Mandal, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER

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2 06-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

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The instant petition under Section 482 of the Code of Criminal Procedure ( for short ‘ the Code’) has been filed for quashing the order dated 07.08.2019 passed by Presiding Officer, Fast Track Court No.2, Purnea, in Sessions Trial No. 47 of 2018, arising out of Jankinagar P.S. Case No. 15 of 2017, by which he has rejected the petition filed by the petitioner for release of opposite party no.3 in his favour from the custody of her parents.

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It is submitted by the petitioner’s counsel that the victim

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Patna High Court CR. MISC. No.76703 of 2019(2) dt.06-12-2019 2/3

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is being confined by her parents against her will. It is submission of the counsel that the victim herself had given a informatory petition on 27.07.2017 regarding her forceful confinement at the hands of her parents. The victim is, in fact, married to the petitioner. Therefore, the petitioner prays that the order refusing custody of the victim is unsustainable.

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The Trial Court, after considering the entire issues has passed the order dated 07.08.2019, which is impugned in the instant application. On 18.09.2017, the statement of the victim was recorded under Section 164 Cr. P. C., wherein, she has specifically stated that she was kidnapped by the petitioner. She has further stated that she wants to go with her parents. At the time, the deposition was recorded, the victim had already attained majority.

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Considering the aforesaid circumstances, this Court would observe that the Court below has rightly not acceded to the request of the petitioner as the victim, being a major, has exercised her discretion in the Court and refused to go with the petitioner. The aforesaid circumstances are sufficient to conclude that the Court below has not committed any error in passing the impugned order dated 07.08.2019. No case is made out for exercise of jurisdiction under Section 482 of the Code.

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Patna High Court CR. MISC. No.76703 of 2019(2) dt.06-12-2019 3/3

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The application is dismissed.

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(Madhuresh Prasad, J)

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shyambihari/-

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U T

Ajay Rishideo @ Ajay Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ajay Rishideo @ Ajay Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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