Dismissed

Muskan Kumari v. the State of Bihar, through Principal Secretary, Department of Home, Bihar, Patna

Patna HC24 Feb 2020CR. WJC/73/2020

Case brief

AI extract

What is this about?

In a Habeas Corpus petition seeking release of a minor, the High Court held the petition was not maintainable as the commitment order under IPC was not illegal. The Court denied scrutiny of an unsupported claim regarding the minor's age and medical report.

What did the court decide?

Petition disposed of, with liberty to independently assail the impugned order if need arises.

Muskan Kumari Vs the State of Bihar… — Constitutional and Fundamental Rights | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.73 of 2020

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Arising Out of PS. Case No.-95 Year-2019 Thana- MOKAMAH District- Patna

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

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MUSKAN KUMARI Wife of Suraj Kumar Daughter of Ghanshyam Kumar, Resident of Village - Lakhanchand Kali Sthan, Post - Mokamah Ghat, P.S. - Mokamah, District - Patna Bihar A/P Vill-Sahari , P.O , P.S-Barh Dist-Patna

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR, THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF HOME, BIHAR, PATNA Bihar

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The District Magistrate - cum - Collector, Patna Bihar

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The Senior Superintendent of Police, Patna. Bihar

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The Officer in Charge, Mokama, P.S. - Mokama, District - Patna Bihar

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The Superintended, Women Remand Home, Gaighat, District - Patna Bihar

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Suraj Kumar Son of Prem Saw Resident of Village - Sahari, P.S. - Barh, District - Patna

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Ghanshyam Kumar Son of Late Krishnandan Prasad Resident of Village - Lakhanchand Kali Sthan, Post - Mokamah Ghat, P.S. - Mokamah, District - Patna

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ganesh Prasad Singh, Adv. For the Respondent/s : Mr.Lalit Kishore (Ld. A.G) ======================================================

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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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5 24-02-2020 Heard learned counsel for the petitioner and the

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learned counsel for the respondents.

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Petitioner has prayed for the following relief(s):

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“ For issuance of the writ in the nature of Habeas Corpus commanding the official respondents to release to the petitioner from the custody of

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Patna High Court CR. WJC No.73 of 2020(5) dt.24-02-2020 2/3

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Superintendent, Women Remand Home, Gaighat, Patna.”

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We are of the considered view that the present petition, in its form, filed as petition for Habeas Corpus, is not maintainable, for the order dated 13.05.2019 passed by the appropriate court/authority in relation to a crime bearing Mokamah P.S. Case No.95 of 2019 dated 13.05.2019 under sections 363, 366(A)/34 of IPC pursuant to the statement recorded by the prosecutrix, cannot be said to be illegal at this point in time.

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The petitioner’s custody is under the jurisdiction of the court to be housed at an appropriate place under the provisions of the statute. The petitioner, who is a minor, stands housed at the Women Remand Home, Gaighat, Patna.

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Learned counsel for the petitioner contends that this finding recorded vide order dated 16.07.2019 by the trial court is perverse, inasmuch as petitioner is not a minor and medical report is there on record to substantiate such facts.

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We notice that Medical Report (Annexure-3) is issued by one Dr. Kiran and not by a Board constituted under the Act. As such, in the present petition, filed in the nature of a Habeas Corpus, such issue cannot be allowed to be placed.

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Patna High Court CR. WJC No.73 of 2020(5) dt.24-02-2020 3/3

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Petition stands disposed of, with liberty to

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independently assail the order, if need so arises.

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(Sanjay Karol, CJ)

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( S. Kumar, J)

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pallavi/-

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Muskan Kumari v. the State of Bihar, through Principal Secretary, Department of Home, Bihar, Patna

Case brief

What is this about?

What did the court decide?

Muskan Kumari v. the State of Bihar, through Principal Secretary, Department of Home, Bihar, Patna

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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