Jharkhand High Court
Rita Devi vs The State Of Jharkhand And Ors on 22 October, 2013
Author: Narendra Nath Tiwari
Bench: Narendra Nath Tiwari
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (Cr.) No.214 of 2013
Rita Devi. ......Petitioner.
Versus
The State of Jharkhand & Ors. ....... Respondents.
CORAM : HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
HON'BLE MR. JUSTICE P. P. BHATT
For the Petitioner : Mr. Binod Singh, Advocate.
For the State : J.C. to A.A.G.
04/22.10.2013: The petitioner claims to be the mother of the victim girl Madhu Kumari @ Kajal Kumari.
2. The petitioner has filed this writ petition for a direction on the State respondents to produce the body of Madhu Kumari @ Kajal Kumari before this Court. It has been alleged in the writ petition that the girl is minor and she has been kidnapped by the accused persons. An F.I.R. was lodged against the accused persons in Patratu police station, being Patratu P.S. Case No.115 of 2012, corresponding to G.R. No.1694 of 2012, and case has been registered under Sections 366A, 120B and 34 of the Indian Penal Code.
3. On the basis of the said averment in the writ petition, the State respondents were directed to produce the girl.
4. In compliance of the direction of this Court, the girlMadhu Kumari @ Kajal Kumari has been produced before this Court by Patratu police today.
5. An affidavit has also been filed on behalf of the State respondents, stating, inter alia, that they have recovered the victim girl from village Dadikala. In course of investigation, certificate from Government Middle School, Sankul has been obtained and the school register was examined. In the school register, her name is recorded as Kajal Kumari and as per the entry made in the register and certificate issued by the Headmaster of the school, her date of birth is 2nd October, 1998. The said girl was recovered and produced before learned Judicial Magistrate, 1st Class, Hazaribagh on 15th October, 2013. In her statement under Section 164 Cr.P.C. recorded by learned Judicial Magistrate, 1st Class, Hazaribagh, the girl has claimed 2 to be aged 20 years. Learned Magistrate has also assessed her age as 20 years. In her statement, she had stated that she had voluntarily gone with Shamim Ansari and married with him. A male child is born out of the wedlock, who is aged about six months. She has also volunteered that she wants to live with her husbandShamim Ansari and herinlaws.
6. On the other hand, the petitioner claimed that she is mother of the girlMadhu Kumari @ Kajal Kumari and that she is minor. She also alleged that the girl has been kidnapped by said Shamim Ansari and she is being kept under illegal confinement by him.
7. We enquired from the girl regarding her age and claim of her mother. She almost repeated the aforesaid version. She also stated before this Court that the petitioner is not her mother.
8. It has been admitted by both the parties that an F.I.R. alleging kidnapping of the said girl against Shamim Ansari and others was lodged and the case is pending in the court of learned Judicial Magistrate, 1st Class, Hazaribagh.
9. Mr. Binod Singh, learned counsel, appearing on behalf of the petitioner, submitted that the mother of the girl (petitioner herein) is present in the court and she is stunned by the statement made by her daughter in the Court. Learned counsel submitted that though she is in police custody, she is under the influence of the accused persons and her statement is not free and voluntary.
10. Learned counsel submitted that the controversies arising out of the versions of the petitioner and her daughters give rise to the factual disputes and the petitioner shall approach the appropriate Court for adjudication and decision of the said disputes.
11. Learned counsel for the petitioner for that purpose seeks permission to withdraw this writ petition with a liberty to approach the competent court for adjudication of said disputes.
12. Learned counsel appearing on behalf of the State respondents has no objection to the said prayer.
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13. Permission as sought for by the petitioner is granted. This writ petition is disposed of as withdrawn with liberty to the petitioner to approach the appropriate forum for seeking redressal of the cause claimed by her.
(Narendra Nath Tiwari, J.) (P. P. Bhatt, J.) Sanjay/