RUBEDA KHATOON Vs. THE STATE OF BIHAR
LAWS(PAT)-2017-12-143
HIGH COURT OF PATNA
Decided on December 11,2017

Rubeda Khatoon Appellant
VERSUS
THE STATE OF BIHAR Respondents


Referred Judgements :-

ASHWANI KUMAR SAXENA VS. STATE OF M.P. [REFERRED TO]


JUDGEMENT

BIRENDRA KUMAR,J. - (1.)Heard learned counsel for the parties.
(2.)Respondent No. 5 Dharma Nand Mistri lodged Palasi P.S. Case No. 111 of 2017 under Sections 366/120B of the Indian Penal Code alleging therein that on 16.05.2017 the named accused persons forcefully abducted Santoshi Kumari on a four-wheeler and fled away. A copy of the F.I.R. is Annexure-1. On recovery statement of Santoshi Kumari was recorded under Section 164 Cr. P.C. on 31.05.2017 wherein she disclosed her age as 17 years and the learned Magistrate assessed her age as 16 years. The victim stated that her parents had married her with one Upendra Sharma on 7th May, 2017. She went to her sasural and returned back. However, on 14th May, 2017 she left her house and called accused Sakib on mobile phone. Sakib said that he would commit suicide. Thereafter, she left for Delhi along with Sakib and solemnized marriage with Sakib and both are living as husband and wife.
(3.)The petitioner claims to be the mother-in-law (Mother of Sakib) of the victim girl and has filed this writ application for issuance of mandamus to the respondents especially respondent No. 4, the Superintendent, Girls Remand Home, Gaighat, Patna, for release of the victim in favour of the petitioner.


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