HRIDAYA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER has asked for production of victim, Rangoli Kumar from After Care Home, Gaighat, Gulzarbagh, Patna who is staying there in pursuance of order dated 18.11.2013 passed by Chief Judicial Magistrate, Muzaffarpur as well as for setting aside the order dated 18.11.2013 passed by the Chief Judicial Magistrate, (wrongly mentioned as the order impugned is passed by SDJM (West), Muzaffarpur in connection with Saraiya P.S. Case No. 317 of 2013 with a further direction to release the victim.

(2.) UMESH Bhagat, Respondent No.4, father of victim filed a written report on 06.11.2013 disclosing therein that on 14.10.2013 at about 3:00 p.m. Indu Devi wife of Anath Baitha came at his house and took away his daughter Rangoli Kumari aged about 15 years to visit Dashahra Mela. When his daughter did not return up to late night, they had gone to house of Indu Devi who on query disclosed that she had already returned at about 4:00 p.m. They began to search and during course thereof, Naresh Bhagat, Kaushal Kumar and Rajdeo Ram have disclosed that they have seen Rangoli in company of Indu Devi and her husband, Anath Baitha. He had further disclosed that during course of search, they also came to know that Rangoli Kumari came in contact with her nephew, Ajay Kumar Baitha and so they apprehended that she might have been kidnapped. It has further been disclosed that her daughter had telephoned him on 22.08.2013 and divulged that in case of police report, they will indulge in criminal activity.

(3.) THE aforesaid victim, Rangoli Kumari was apprehended during course of investigation and her statement under Section 164 Cr.P.C. was recorded wherein she volunteered herself to have married with Ajay Kumar Baitya at Gujarat and further, challenged genuineness of case instituted by her father.