HANIF UR RAHMAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Ms. Kriti Awasthi, learned counsel for the petitioner, Mr. Nadim Seraj, learned G.P.5 for the State, Ms. Archana Sinha, learned counsel for the respondent no. 2 and Mr. Prabhu Narain Sharma, learned counsel for respondent no. 4.

(2.) This writ application has been preferred seeking quashing of the order dtd. 19/2/2020 passed by learned Special Court, Begusarai in POCSO Case No. 3/2020 (arising out of Bakhri P.S. Case No. 58/2020). By the impugned order the learned Special Court has directed release of a minor victim of alleged sexual offences in favour of respondent no. 2 who claims herself the mother of the minor victim.

(3.) The impugned order has been challenged on various grounds including that of non-compliances with the mandatory provisions of the Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to as the 'Act of 1956'), the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as the 'J.J. Act') and the provisions of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act').