IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.589 of 2011 Manisha Kumari w/o Mithilesh Yadav, resident of village- Shankarpur, P.S. Sahpur, District-Patna. …….Petitioner Versus 1.The State Of Bihar. 2. Lalta Prasad s/o Sitaram Prasad, J.M.,Ist Class, Danapur, resident of village- Mahuana Khurd, P.O. Sohang, P.S. Turlpatti,Distt- Kushinagar (U.P.). 3. D.S.E.,Patna. ..….. Respondents ----------- For the Petitioner: M/s Ranjeet Kumar Singh and Pawan Kumar Singh. For the State: A.A.G.-2. 6 9.8.2011 By this writ petition, the petitioner has payed for her release from the After Care Home, Gaighat, Patnacity where she has been lodged pursuant to order of the Criminal Court. It appears that an FIR was lodged by her father giving rise to Danapur P.S.Case no.142 of 2010 instituted under Sections 363, 366A, 365 and 120B/34 of the Indian penal Code against one Mithilesh Yadav alleging that Mithilesh Yadav had been employed by him as a driver. The informant had dismissed him and as such probably he has kidnapped the petitioner , who is his minor daughter. It appears that in course of investigation, police first arrested the parents of the boy and subsequently recovered the petitioner, who was at that time in advance stage of pregnancy. Her statement was recorded under Section 164 Cr.P.C. in which she has stated that she out of her own will married Mithilesh Yadav and was about to deliver a child. She has not been kidnapped and that she was 2 about eighteen years of age. Having made the statement, the learned Court below sent her to the After Care Home from where she has filed this writ application stating that she is married to Mithilesh Yadav and wants to live with him. Her natural parents have now virtually abandoned her as they did not approve the marriage. In view of the aforesaid, this Court decided to hear her version and fixed the case in chambers. She was directed to be produced. Her husband is also present including the father i.e. the father-in-law of the petitioner. The petitioner again says that she wants to go with her husband. The husband is here to receive her. The father-in-law assured the Court that he accepts the petitioner as daughter-in-law without any reservation and would look after her with due care and dignity. We have seen the girl and we find that she is mature to take the decision on her own. She has come with her child, who is about two months. Considering the aforesaid facts ,we are of the view, that the girl being mature enough and about eighteen years of age cannot be permitted to be kept in the After Care Home, specially when her family members are ready to receive her. In that view of the matter the petitioner – Manisha Kumari, is permitted to go with her husband and father-in- law from the After Care Home and we direct the Superintendent, After Care Home, Patnacity, accordingly. 3 The writ petition is thus disposed of. Singh ( Navaniti Prasad Singh, J.) (Ashwani Kumar Singh.J_)