RAKESH KUMAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Vishwanath Prasad Sinha, learned senior counsel appearing for the petitioner, Mr. Ajay Kumar, learned counsel for the State and Mr. Saroj Kumar, learned counsel for respondent nos. 2 to 5.

(2.) This writ petition has been filed by the petitioner for quashing the order dtd. 28/3/2017 passed by the learned Judicial Magistrate-1st Class, Madhubani in Kaluahi P. S. Case No. 23 of 2017 by which he has ordered the victim girl to be released with liberty to go wherever she wants to go. The petitioner has also prayed for quashing the order dtd. 2/6/2017 passed by the learned Judicial Magistrate-1st Class, Madhubani in the aforestated case by which he has rejected the application filed by the petitioner for recalling the order dtd. 28/3/2017. The petitioner has further prayed for quashing the order dtd. 3/8/2017 passed by the learned Session Judge, Madhubani in Cr. Revision No. 530 of 2017 by which he has dismissed the revision petition filed by the petitioner against the order dtd. 2/6/2017 passed by the learned Judicial Magistrate-1st Class, Madhubani in Kaluahi P. S. Case No. 23 of 2017.

(3.) Mr. Vishwanath Prasad Sinha, learned senior counsel appearing for the petitioner submitted that the courts below have not applied their mind and illegally assessed the age of the victim as 18 years. At the time of hearing, several certificates were produced in order to show that the victim is a minor, but those documentary evidences were not appreciated. He contended that the revisional court also erred in rejecting the revision petition. It has simply confirmed the illegal order dtd. 28/3/2017 while rejecting the revision application.