IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.582 of 2008 MOST.CHAMELI DEVI Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Mr. Surendra Prasad Singh, Advocate For Respondent State : Mr. Neeraj Nandan, Government Pleader-XVIII For Respondent no.5 : Mr. Piyush Anand, Advocate ---------------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal --------- Dated, the 16th September, 2008. Chameli Devi has filed this habeas corpus petition for production of her minor daughter Rubi Kumari. She is alleged to have been illegally detained by respondent no.5 with the help of others by kidnapping her on 24th March, 2008. 2. A criminal case under Sections 366/366A of the I.P.C. vide Masaurhi P.S. Case No.109/2008 dated 26th March, 2008 has already been registered against respondent no.5. We are informed that respondent no.5 has secured bail in that case. 3. On 9th September, 2008, when the matter came- up before us, we directed the Superintendent of Police, Rural, Patna to ensure production of girl Rubi Kumari before this Court on 16th September, 2008 (today). The Superintendent of Police, Rural, Patna - 2 - failed in the production of the girl before us. However, the girl Rubi Kumari, on her own, appeared before us. That the girl who has appeared before us is the petitioner’s daughter, is admitted by the petitioner’s counsel. To our query, Rubi Kumari stated that she was 22 years old and that she has married respondent no.5 of her will and choice and that she has been staying with her husband in Lalaji house at Shastri Nagar, Patna. 4. There appears to be some dispute about the girl’s age, as according to the petitioner, Rubi Kumari is less than 15 years of age. We are afraid, in habeas corpus proceedings, we do not intend to go into the disputed question of fact particularly, in view of the girl’s statement that she has married respondent no.5 and has been residing with him of her free will and choice. Nothing further needs to be done in this habeas corpus petition. This, however, shall not preclude the petitioner in claiming Rubi Kumari’s guardianship, in appropriate proceedings in accordance with law, if she happens to be minor 5. With the aforesaid observations, writ petition is disposed of. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-