Shanti Devi, Wife Of Upendar Bhuiyan v. State Of Jharkhand
2019-02-19
SHREE CHANDRASHEKHAR
body2019
DigiLaw.ai
JUDGMENT Shree Chandrashekhar, J. - The petitioner, who is an accused in Tishra P.S Case No.60 of 2018 corresponding to G.R Case No.2813 of 2018 which has been lodged for the offence punishable under sections 364/34 I.P.C is aggrieved of the order dated 30.08.2018 by which process under section 82 Cr. P.C has been issued against her. 2. Two girls were abducted. The petitioner is a named accused in the First Information Report. One of the victims namely, Kiran Kumari Bhuiyan has appeared and her statement under section 164 Cr.P.C has been recorded, however, the other victim girl is still trace-less. 3. The learned counsel for the petitioner submits that the petitioner''s son and the victim namely, Komal Kumari are staying together with consent of the alleged victim-Komal Kumari. 4. If that is so, the victim-Komal Kumari should have appeared and got her statement recorded. Till the time the victim is trace-less, no relief can be granted to any of the accused persons named in the First Information Report. 5. In the above facts, challenge to the impugned order dated 30.08.2018 fails. 6. In the result, Cr. M.P No.94 of 2019 stands dismissed.