PUSPITA MAITY ALIAS PUSPITA JANA Vs. STATE IF WEST BENGAL
LAWS(CAL)-2008-6-58
HIGH COURT OF CALCUTTA
Decided on June 27,2008

PUSPITA MAITY ALIAS PUSPITA JANA Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) AGGRIEVED by an order passed by the Learned Additional Chief Judicial Magistrate, Contai, Purba Medinipore in connection with G. R. (E) Case No. 68 of 2007, arising out of Patashpur Police Station Case No. 17 of 2007 under sections 363/366/366a/368/34 of the Indian Penal Code rejecting the prayer of the present petitioner, the victim girl for her release on personal bond she moved the instant criminal revisional application. The present petitioner being allegedly kidnapped by the accused Pradip Kumar Jana and two others out of keeping of her lawful guardian without their consent, a complaint was lodged to the police by her father Pradip Kumar Maity, whereupon the Patashpur Police Station Case No. 17 of 2007 under sections 363/366/366a/368/34 of the Indian Penal Code was registered against the petitioner and two others and same gave rise to G. R. (E) Case No. 68 of 2007 and is now pending before the Learned Additional Chief Judicial Magistrate, Contai, Purba Medinipore. The aforesaid case has already ended in charge-sheet for the self-same offence as against all the three accused persons. In connection with the aforesaid case after the petitioner being recovered by the police as she refused to go to the custody of her parents the Learned Court below sent her to rescue home for safe custody. Subsequently the present petitioner moved an application for her release on personal bond and since her such prayer was turned down by the Learned Court below, hence the instant criminal revision.
(2.) HEARD the learned advocates appearing on behalf of the parties. Perused the impugned order as well as the other materials on record and the Case Diary.
(3.) IT appears from the impugned order that the Learned Magistrate rejected the petitioner's prayer for release on her personal bond on the ground that on her Ossification Test held by the Department of Forensic and State Medicine, Medical College Hospital, Kolkata she was found to be aged about 16/17 years as well as according to the Registration Certificate issued by the West Bengal - Board of Secondary Education, her date of birth was April 2, 1992.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.