SALAMDIN MIYAN Vs. STATE OF BIHAR
LAWS(PAT)-2022-2-48
HIGH COURT OF PATNA
Decided on February 24,2022

Salamdin Miyan Appellant
VERSUS
STATE OF BIHAR Respondents




JUDGEMENT

- (1.) In para-1 of the writ petition, the petitioner has sought for the following reliefs:- i. A writ in the nature of Habeas Corpus or any other appropriate writ/writs, order/orders, direction to release the victim (Respondent No. 6) and her child in custody of petitioner, victim has been unlawfully detained at Balika Grih Motihari after ignoring the fact that she is major and has voluntarily marriage with a person at her own choice. ii. A writ in the nature of Certiorari or any appropriate writ/writs, order/orders for quashing the order dtd. 27/8/2021 and 2/11/2021 passed in Sugauli P.S. Case No. 515 of 2020 by the learned 6th Additional Sessions Judge cum Special Judge, East Champaran, Motihari whereby and where under the learned courts found the victim (Respondent No. 6) minor and sent her to Balika Grih Motihari, ignoring her medical report which suggest her age more than 19 years. iii. To any other relief/reliefs to which the petitioner is entitled for and the Hon'ble Court deems fit and proper.
(2.) The case of the petitioner is that on 22/8/2020, his minor daughter X (name changed) aged about 15 years went out of her house to attend the call of nature at about 08:00 PM but she did not return in the night. A hectic search was made to hear from anyone who know her whereabouts. On 23/8/2020 at 10:00 AM, when an enquiry was made from Jaibun Khatoon regarding the whereabouts of her son Wosear Miyan @ Rahamdin Miyan, she and her family members did not give any satisfactory reply. Hence, he suspected that his daughter X was abducted by Wosear Miyan @ Rahamdin Miyan and her family members for the purpose of marriage. When a complaint was made to the Mukhiya of the village in this regard, he told to find out solution through Panchayati whereafter Panchayati was fixed on 9/10/2020 at 04:00 PM but the accused persons did not abide by the directions given by the Mukhiya and the Panches. They threatened that if a complaint would be made to the police, they would have to face dire consequences.
(3.) On the basis of the aforesaid written report, Sugauli P.S. Case No. 515 of 2020 dtd. 11/10/2020 was registered under Ss. 363, 366A, 504 and 506 of the Indian Penal Code as well as Sec. 8 of the Protection of Children from Sexual Offences Act and the investigation was taken up.;


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