IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. WJC No.666 of 2011
Rekha Kumari
Versus
The State of Bihar & Ors
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2 14.07.2011 This is a peculiar case. A major girl filed an F.I.R. against
her father for committing rape on her repeatedly. Because of mis-
treatment by father her mother had already abandoned the family
and seeing the abuse the younger brother of the petitioner also
abandoned the family. Ultimately, she gathered courage to lodge an
F.I.R. against her father. He was arrested and remanded to judicial
custody where he is.
As the younger girl was found all alone, it appears police
put her up with her uncle. It appears now the uncle had petitioned
the court of S.D.J.M., Bikram that he is unable to keep her.
Simultaneously, she petitioned the court for some reason or other
that she is not willing to stay with her uncle. One wonders what
prohibited her from walking where she wanted to go. Nevertheless,
court seeing the peculiar situation, directed that the petitioner be
moved to Aftercare Home at Patna. Having come to Aftercare
Home, she has got present writ petition filed through her alleged
cousin to be set as liberty on the ground that she being a major
cannot be kept in Aftercare Home.
Learned counsel for the petitioner is also unable to say or
disclose the court as to where the petitioner would go once she is
released from Aftercare Home. He was unable to satisfy the Court
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the exact relationship between the petitioner and the so-called cousin
who swore the affidavit to this writ petition.
Considering that the petitioner is a young girl, this Court
would be more cautious then otherwise required.
We, accordingly, direct Superintendent of Aftercare Home
at Gaighat, Patna City, Patna, to produce the girl before this Court
on 2.15 P.M. on 18th July, 2011 in the Chambers.
Learned counsel for the State would take necessary action
in this regards.
Put up this matter on 18th July, 2011 at 2.15 P.M. in the
Chambers.
(Navaniti Prasad Singh, J.)
(Ashwani Kumar Singh, J.)
Sanjeet/