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Documents citing Shikha Kumari vs The State Of Bihar Through Principal ... on 5 March, 2020

Shikha Kumar vs State on 3 February, 2021

5. The petitioner is the mother and natural guardian of minor and there is no other guardian ever appointed by the court of any person or claim to be the guardian of the minor or the property of the minor. Petitioner has no interest adverse to the minor and the petition has been filed bona fide in the interest of and for the benefit of minor. A permission is therefore sought for selling the 1/6 undivided share of Master Garv Kumar in the property by the petitioner / natural guardian. The petition is supported by the GP No. 20/2019 Page 3 of 8 pages Shikha Kumar Vs. State declaration.
Delhi District Court Cites 8 - Cited by 0 - Full Document

Km. Rachna And Another vs State Of U P And 4 Others on 1 December, 2020

Answer : Our irresistible conclusion in view of the ratio laid down by the Supreme Court in the aforementioned cases is that a writ of habeas corpus would not be maintainable, if the detention in custody is as per judicial orders passed by a Judicial Magistrate or a court of competent jurisdiction. Consequently an order of remand passed by a Judicial Magistrate having competent jurisdiction cannot be assailed or set aside in a writ of habeas corpus.
Allahabad High Court Cites 42 - Cited by 0 - Full Document

Ranjeet Kaur vs State Of Punjab And Others on 2 March, 2021

12 Learned counsel has further relied upon a Full Bench judgment of the Hon'ble Patna High Court in Shikha Kumari Vs. The State of Bihar through Principal Secretary, Home (Police) Deptt., Govt. of Bihar, Patna and Ors. 2020 (2) PLJR 15, to contend that in such like situation where the minor girl has refused to go along with her parents, the only option left with the Court is to send her to Protection Home till time she is major or does not consent to go to her family.
Punjab-Haryana High Court Cites 71 - Cited by 3 - J S Puri - Full Document

Salamdin Miyan vs The State Of Bihar Through Principal ... on 24 February, 2022

19. Similarly, the issue of maintainability of a writ of habeas corpus in cases of sending minor girls to Protection Home/After-Care Home/Remand Home/Nari Niketan etc. was under consideration before a Full Bench of this Court in Shikha Kumari v. State of Bihar through Principal Secretary, Home (Police) Deptt. & Ors. since reported in 2020 (2) PLJR 15.
Patna High Court Cites 16 - Cited by 0 - A K Singh - Full Document

Param Kumar vs The State Of Bihar Through District ... on 19 September, 2023

Answer: Our irresistible conclusion in view of the ratio laid down by the Supreme Court in the aforementioned cases is that a writ of habeas corpus would not be maintainable, if the detention in custody is as per judicial Patna High Court CR. WJC No.1100 of 2022 dt.19-09-2023 11/24 orders passed by a Judicial Magistrate having competent jurisdiction. Consequently, an order of remand passed by a Judicial Magistrate having competent jurisdiction cannot be assailed or set aside in a writ of habeas corpus.
Patna High Court Cites 23 - Cited by 0 - C S Jha - Full Document

Ritlal Rai @ Ritlal Yadav @ Ritlal Ray @ ... vs The U.O.I. Through B. Hazara, Asstt. ... on 18 August, 2020

The Full Bench judgment of this Court passed in the case of Shikha Kumari Vs. State of Bihar & Ors. reported in 2020 (2) PLJR 15 (FB) in which the relief was sought under the habeas corpus for release the petitioner Sikha Kumari from the Remand Care Home, was staying in the Government Care Home, Gaighat. The fact of that case is that a written complaint dated 7.1.2019 was filed by one Ashok Pandey wherein it has been alleged that his daughter aged 16 years had gone to Sirni Bazar on 10.12.2018 in the evening for purchasing some medicine whereafter she did not Patna High Court CR. WJC No.331 of 2020 dt.18-08-2020 45/61 return, he started searching of her whereabouts and whereupon he came to know that she was seen going together with one Dhanjeet Yadav of the same village. When inquired from the parents and family members of Dhanjeet Yadav, they started abusing him and said that Dhanjeet Yadav would marry with his daughter. It was further alleged that he came to know that Dhanjeet Yadav and his family member had gone along with his daughter to Bettiah court, in turn, he went together with his brother Santosh Pandey but, they had already left the court premises. Further alleged that on fake mark-sheet of matriculation and fake Aadhar Card, the date of birth has been shown as 1.1.1998 submitted in the office of the Registrar of Marriage along with the false affidavit whereas in the mark-sheet, the date of birth has been recorded differently. In such view of the matter, as per the original matriculation certificate, his daughter was a minor and forcibly abducted his daughter for illegal purpose of marrying with Dhanjeet Yadav. A criminal case was instituted whereafter the statement of the girl was taken under Section 164 of the Cr.P.C. in which she had stated that on her own volition had entered into the marriage with Dhanjeet Yadav and, after marriage, she came back to the parent's house and beseeched that she wants to live with Dhanjeet Yadav. As her family members Patna High Court CR. WJC No.331 of 2020 dt.18-08-2020 46/61 are inimical, she has a threat to her life at the hand of one Marmesh, Son of Ganesh Yadav.
Patna High Court Cites 72 - Cited by 0 - S Pandey - Full Document
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