ANGELA LEE HICKS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, however, there is no representation on behalf of State of Bihar for successive two days.

(2.) Petitioner who is an American Citizen has filed this criminal writ petition for issuance of a direction to record the statement of her minor daughter who was subjected to sexual assault and sexual harassment while staying at Darbhanga by the accused person as disclosed in FIR giving rise to Darbhanga Town PS Case No. 219 of 2019 dated 12.09.2019 under sections 354A, 354D, 504 & 506 of IPC. After suffering the ordeal petitioner alongwith her victim minor daughter went to Thailand at Chiang Mai for therapy of her daughter where they are currently residing and from where they will be moving back to United States of America. In spite of her best efforts and representations to the concerned authorities, no step was taken for recording the statement of the victim minor girl by the Investigating Officer (I.O)/Police officials and as such petitioner prays that the statement of her minor victim daughter be recorded under Section 164 of Cr.P.C by a Court through Video Conferencing for which necessary permission for recording her statement through Video Conferencing from the American Embassy in Chiang Mai, Thailand, was obtained and arrangement was made for the victim to go to Indian Embassy through Indian Consulate in Chiang Mai, Thailand.

(3.) Petitioner has enclosed a letter dated 08.05.2020 of Ministry of Home Affairs, Govt. of India, in which it has been stated that there is no legal bar in getting the statement of victim recorded through Video Conferencing. A treaty on mutual legal assistance in criminal matters is existing between India and Thailand. The treaty provided for mutual legal assistance in connection with investigation, prosecution and other proceedings related to criminal matters. The letter dated 08.05.2020 of Ministry of Home Affairs, Govt. of India is reproduced hereinbelow:-