This court dismissed a Habeas Corpus petition seeking release of the petitioner, a victim of a crime, on grounds of minority. The court held the case was not one of clear unlawful detention and it was not appropriate to entertain the petition without prejudice to the petitioner's right to challenge the judicial order via the appropriate forum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.466 of 2019
Arising out of PS. Case No.-252 Year-2017 Thana- MASHRAK District- Saran
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RENU KUMARI, aged about 19 years, sex-female, Daughter of Chandradeep Sah, Wife of Balmu Manjhi @ Balam Manjhi R/o village- Nawada, P.SMashrak, District- Saran at Chapra
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Yugal Kishore, Advocate Mr. Arvind Kumar, Advocate For the Respondent/s : Mrs. Prachi Pallavi, A.C. to A.G. ======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
the victim on the ground that she is major and she has been wrongly confined.
certificate is 15th of May, 2002. She had been sent to remand earlier in the Protection Home under the order of the competent
Patna High Court CR. WJC No.466 of 2019(2) dt.06-03-2019 2/3
Magistrate dated 17th March,2018, against which a revision was filed being Cr. Revision No. 92 of 2018 that came to be dismissed by the 10th Additional District & Sessions Judge, Saran at Chapra.
Patna High Court CR. WJC No.466 of 2019(2) dt.06-03-2019 3/3
having jurisdiction to entertain the same as this is not a clear case of unlawful detention.
(Amreshwar Pratap Sahi, CJ)
(Anjana Mishra, J)
P.K.P./-Jagdish
U
1 issue framed by the court
Whether the Habeas Corpus petition is maintainable to secure release of a victim treated as a minor by the Magistrate given her educational certificate date of birth.
Colour shows how this judgement treated each authority
Sahebi Khatoon Vs. State of BiharReferred¶5
Sahebi Khatoon Vs. State of Bihar
Renu Kumari
The State of Bihar
Amreshwar Pratap Sahi
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
