IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1044 of 2010 MALA DEVI Versus THE STATE OF BIHAR & ORS ----------- 03. 06.10.2010 The petitioner, Mala Devi is the mother of Khusboo Kumari, who has presently been remanded at Remand Home, Gai Ghat, Panta under the Orders of the Chief Judicial Magistrate, Begusarai, dated 07.05.2010, passed in Begusarai P. S. Case No. 186 of 2010. Prayer of the petitioner is for quashing the Order dated 07.05.2010, whereby the Chief Judicial Magistrate, Begusarai has rejected the prayer of the petitioner for release of her daughter, Khusboo Kumari in her favour and sent her to Remand Home. The petitioner’s case is that as per matriculation certificate of her daughter and also the medical report of the Doctor, produced at the instance of the Order of the Court, Khusboo Kumari is minor and when the natural guardian of the girl was making prayer for her release in her favour, there was no need to send her to Remand Home. As per the direction of this Court, dated 05.10.2010, Khusboo Kumari has been produced by 2 the authorities of Remand Home before this Court. She appears to be a grown up girl as per our assessment, above 18 years. The medical report, which has been produced by the State, her age has been assessed in between 18 to 19 year. In this view, she is not minor, but a major girl. Khusboo Kumari was questioned whether she would like to go with her mother as she has filed this application for her release, she very clearly and emphatically refused to go with her mother. She has disclosed before the Court that she has solemnized her marriage with Mantoon Kumar, respondent no. 6, son of Late Nandu Mahto. She is willing to live with her husband. She has also informed that her husband is waiting for her release at Remand Home itself. The law is very well settled in this regard that once the girl or boy attains majority, priority has to be given to their wish, instead of compelling them to accept the dictates of their parents. They can not be forced to go with their parent or anyone, unless the boy or girl, despite their majority are unable to make their own decisions or the decision is illegal or apparently against their interest. In the present case, we do not find that any 3 such reason is present for which we should refuse the girl to go with her husband. In the facts and circumstances of the case, prayer of the petitioner, Mala Devi for release of her daughter in her favour is rejected. However, the Order dated 07.05.2010, passed by the Chief Judicial Magistrate, Begusarai, remanding Khusboo Kumari to Remand Home is quashed. Khusboo Kumari is allowed to go in the company of her husband. She is directed to be released from Remand Home forthwith. This application is dismissed. SKM (Mridula Mishra, J.) (Dharnidhar Jha, J.)