Petitioner sought writ for recovery of minor daughter kidnapped by named respondents. Court found no authenticated proof of victim's minority, declaring petition infructuous and disposing it.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.324 of 2024
Arising Out of PS. Case No.- Year-0 Thana- District- Samastipur
======================================================
Mahmuda Khatun, W/O Md. Sarfuddin R/O Village- Manorwa Khaira, Ward No. 11, P.S- Bithan, Distt.- Samastipur.
... ... Petitioner
Versus
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar Sinha, Advocate Mr. Shishir Kumar Shishir, Advocate For the Respondent/s : Mr. Prabhu Narayan Sharma, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
prayed for the following relief(s):
“(i) For issuance of criminal writ in the
Patna High Court CR. WJC No.324 of 2024(3) dt.05-03-2024 2/3
nature of Hebeas corpus commanding the Respondents to make recovery of petitioner minor daughter namely Farjana Praween aged about 16 years old who has been kidnapped on 24.11.2023 by Respondent No.6 to 10.
(ii) For issuance of criminal writ in the nature of Mandamus commanding the Respondents to institute FIR against Respondent No.6 to 10 for kidnapping of petitioner daughter namely Farjana Praween who has been kidnapped on 24.11.2023 by Respondent No. 6 to 10.
(iii) For issuance of criminal writ in the nature of Mandamus commanding the Respondents to arrest Respondent No. 6 to 10 who have kidnapped petitioner daughter Farjana Praween on 24.11.2023.
(iv) For any other appropriate criminal writ, order direction save and except in accordance with law.”
Patna High Court CR. WJC No.324 of 2024(3) dt.05-03-2024 3/3
of.
(P. B. Bajanthri, J)
( Alok Kumar Pandey, J)
manish/-
U
1 issue framed by the court
Whether the petition for release of minor victim is maintainable without authenticated proof that the victim is a minor.
Mahmuda Khatun
The State of Bihar Through Director General of Police
Md. Shahabuddin
Md. Akbar
Md. Jamshed
Raushan Khatoon
P. B. Bajanthri
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
