The petitioner sought habeas corpus for her kidnapped minor daughter. The police countered that the girl was recovered during investigation, stated before the Magistrate under Section 164 Cr.P.C. that she left voluntarily, and was living with her mother. The Court disposed of the petition as it no longer survived consideration.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.141 of 2024
Arising Out of PS. Case No.-382 Year-2023 Thana- BIKRAM District- Patna
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Rupam Devi Wife of Nitesh Kumar Resident of Village - Sadawah, Ward No.09, P.S. - Dulhin Bazar, District – Patna.
... ... Petitioner/s
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brajbhushan Mishra For the Respondent/s : Mr.A.G. ======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 29-02-2024
In the instant petition, petitioner has prayed for following relief(s):-
“ That this is an application for issuance of an appropriate writ/writs, order/orders, direction/directions in the nature of Habeas Corpus to the respondents to search and produce the minor daughter of the petitioner namely Muskan Kumari who has been kidnapped by one Nitish Kumar son of Lakshuman Chaudhary resident of village-Sri Rampur Tola, P.S. Bihta, District- Patna and one unknown from Shahid Chauk, Bikram while she was going to Bikram Mahila College being student of Inter First Year and Shahid Chauk, Bikram Bazar for obtaining photocopy of the documents with his brother.”
Patna High Court CR. WJC No.141 of 2024 dt.29-02-2024 2/2
affidavit. In para 5 it is stated as under:-
“ That the prayer prays by the petitioner is neither tenable nor maintainable in view of the fact that during the course of investigation the victim has been recovered on 29.11.2023 and thereafter produce before the jurisdictional magistrate and her statement was recorded u/s 164 Cr.P.C. in which, in categorical terms she has stated that he has went to her Mausi Ankita at Ranchi on her own will by leaving her house an express her desire that now she is willing to go with her mother. She has also categorically stated none has abducted her and now under the direction of the learned court below she is living with her mother.”
of.
(P. B. Bajanthri, J)
( Alok Kumar Pandey, J)
amitkumar/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N/A |
| Uploading Date | 05.03.2024 |
| Transmission Date | N/A |
1 issue framed by the court
Whether the minor daughter of the petitioner was kidnapped and is being unlawfully detained by the respondents?
1 provisions across 1 enactments
Rupam Devi
The State of Bihar
The Director General of Police, Bihar
The Senior Superintendent of Police, Patna
The Sub-Divisional Police Officer, Paliganj, Patna
The S.H.O. Bikram Police Station, Patna
P. B. Bajanthri
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
