IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.912 of 2008 ----------- Saista Praveen, Wife of Md. Tahir and daughter of Md. Manjoor Alam, resident of Village Barahat, P.S. – Ishipur Barahat, District – Bhagalpur …………. Petitioner Versus 1. State Of Bihar, 2. The Superintendent, Govt. Remand Home, Gaighat, Patna, District – Patna. 3. Md. Manjoor Alam, son of Md. Wali Mohammad, resident of Village Barahat, P.S. – Ishipur Barahat, District – Bhagalpur (Informant) ……….. Respondents ----------- For the Petitioner : Mr. Uma Kant Prasad, Advocate Mr. Rajib Ranjan Singh, Advocate For the Respondents : Mrs. Nividita Nirvikar, G.P. XVI ------------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----------- Dated, the 26th September, 2008. Saista Praveen is present before us. She has been brought from After Care Home at Gaighat, Patna. By means of this writ petition, she has prayed that she be released from After Care Home. She stated before us that she is eighteen years of age and has married Md. Tahir Khan of her own choice and volition without being coerced or influenced by any one. 2. Mrs. Nividita Nirvikar, Government Pleader – XVI placed before us the copy of the order dated 25th August, 2008 passed by the Chief Judicial Magistrate, Bhagalpur wherein observations have been made about the minority of the petitioner and that her custody can - 2 - be given to her parents if they desire to have so but she cannot be permitted to go with the parents of accused (Md. Tahir Khan) for residing there. 3. Along with the writ petition, transfer certificate has been placed on record, which indicates petitioner’s date of birth as 10th May, 1989. As a matter of fact, there is nothing on record to doubt the correctness thereof. 4. We are also informed by the Government Pleader – XVI that petitioner is pregnant. If that be so, in our view, her stay in After Care Home will not be good for her health. More over, she being major, she has liberty to reside wherever she wants. She has been categorical before us that she would like to reside at her husband’s place. 5. Having thoughtfully reflected over the matter, we are of the view that there is no justification in compelling the petitioner to stay at After Care Home. She must be left free to reside wherever she wants. 6. We, accordingly, allow this writ petition and direct the Superintendent, Government Remand Home, Gaighat, Patna to release the petitioner after completion of necessary formalities today itself. 7. Order accordingly. R. M. Lodha, CJ. Kishore K. Mandal, J. Anil/