MD. AFTAB ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The challenge in the present writ application is to an order passed by the learned Judicial Magistrate, 1st Class, Saharsa on 28th of June, 2016 in connection with Sonbarsa Raj P.S. Case No. 82 of 2016 dated 9th of June, 2016 whereby, the custody of Roobana Praveen was ordered to be handed over to Sachin Sharma, brother-in-law of the accused Chandan Kumar. The said order arises out of an allegation that the victim was allegedly kidnapped by Chandan Kumar.

(3.) On 25th of June, 2016, the learned Judicial Magistrate, 1st Class passed an order that though the victim has disclosed her age as 19 years in a statement under Sec. 164 of the Code Criminal Procedure but her date of birth is 16th of Aug., 2001 on the basis of Matriculation Certificate. Therefore, she is of 14 years, 10 months and 9 days. She was ordered to be sent to Remand Home.