IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.579 of 2008 SAJADA KHATOON Versus STATE OF BIHAR & ORS ----------- For the Petitioner : Mrs. Madhuri Kumari, Advocate For the Respondents : Mr. S.K. Ghosh, AAG II ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal -------- Dated the, 21st July, 2008. We heard the counsel for the parties. 2. Mr. S.K. Ghosh, Additional Advocate General No.II does not dispute that the petitioner is victim, if at all she is, of the offence of abduction. He also does not dispute that from the available material, it can safely be said that she is major being eighteen years plus. He concedes and, in our view fairly, that he is not in a position to justify the order dated 10th June, 2008 passed by the Chief Judicial Magistrate, Motihari. 3. In view of the aforesaid stand of Additional Advocate General, we find no justification in the petitioner being kept at After Care Home, Gaighat, Patna. She is major. She is free to live wherever she wants to. Freedom and liberty cannot be put at peril by erroneous order. 4. We, accordingly, dispose of this writ petition by - 2 - following order --- (i) The Superintendent, After Care Home, Gaighat, Patna shall release the petitioner Sajada Khatoon forthwith, (ii) The petitioner is free to go wherever she wants to without any fetter. (iii) The order passed by the Chief Judicial Magistrate, Motihari on 10th June, 2008 is quashed and set aside in so far as the petitioner has been sent to After Care Home, Gaighat, Patna. R. M. Lodha, CJ Kishore K. Mandal, J. Anil/