Patna High Court - Orders
Ram Kumar vs The State Of Bihar & Ors on 18 December, 2012
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46344 of 2012
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1. Ram Kumar S/o Anandi Paswan R/o Village-Dharmpur, Police Station -
Town Samastipur, District - Samastipur
.... .... Petitioner/s
Versus
1. The State of Bihar
2. The Superintendent of Police, Samastipur
3. The Thana in Charge, Town, Police Station - Samastipur
4. Salam Sultan @ Salma Paswan W/o Ram Kumar R/o Village - Dharmpur
Ward No. 2, Paswan Chowk, Police Station - Samastipur, District -
Samastipur
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. K. N. Jha, Advocate
For the Opposite Party/s : Dr. Kr. Uday Pratap, A.P.P.
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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
ORAL ORDER
3 18-12-2012The Petitioner seeks quashing of the order dated 18.9.2012 passed by the C.J.M., Samastipur in Nagar P.S. case No.152 of 2012, by which Opposite Party No.4 has been remanded to Remand Home.
The submission of the Counsel for the Petitioner is that the alleged victim is the legally married wife of the Petitioner and she according to the Medical Board is 17-18 years. She had given her statement under Section 164 Cr.P.C. that she had married the Petitioner out of her own sweet will and the allegation of kidnapping is completely false.
On the last occasion, the Superintendent, Remand Home, Gaighat Patna was directed to produce the girl in question. She has Patna High Court Cr.Misc. No.46344 of 2012 (3) dt.18-12-2012 2 been produced in Chambers today and submits that she had married the Petitioner out of her own sweet will and being an adult wishes to live with him.
Considering the aforesaid, the order dated 18.9.2012 passed by the C.J.M., Samastipur in Nagar P.S. case No.152 of 2012 is hereby quashed.
The Superintendent, Remand Home, Gaighat, Patna is directed to release Salma Sultana @ Salma Paswan w/o Ram Kumar, daughter of Md. Sultan, R/o Mohalla Dharampur, Ward No.1, Paswan Chowk, P.S. Town, District Samastipur after observing the formalities as required in law.
With the aforesaid observations, the application is allowed.
It has been brought to my notice on repeated occasions that even girls, who have attained majority now, are languishing in the Remand Home on account of various judicial orders which have not been modified on their attainment of their majority.
The Superintendent, Remand Home, Gaighat, Patna is directed to furnish detailed particulars of each of the inmates specifying the age, if assessed by the Medical Board and the date on which the said assessment was made and in cases in which no medical assessment is carried out any documentary proof with Patna High Court Cr.Misc. No.46344 of 2012 (3) dt.18-12-2012 3 regard to it.
Put up this matter on 15.01.2013 in Chambers at 2.15 P.M. under the heading "For orders".
Let this order be communicated to the Superintendent, Remand Home, Gaighat, Patna in connection with Nagar P.S. case No.152 of 2012 through FAX at the cost of the petitioner.
(Anjana Prakash, J) Narendra/-