IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.893 of 2011 Seema Kumari @ Seema Devi wife of Mukesh Sahni, D/O Arvind Giri, resident of village- Chakpahar, P.S. Tajpur, District- Samastipur. ............Petitioner. Versus 1. The State Of Bihar. 2. The Superintendent of Police, Samastipur, District- Samastipur. 3. The Officer-in-Charge, P.S. Tajpur, District- Samastipur. 4. The Superintendent of Remand Home, Gaighat, P.S. Alamganj, District- Patna. 5. Mukesh Sahni s/o Shibu Sahni, resident of village- Chakpahar, P.S. Tajpur, District- Samastipur. 6. Nutan Devi w/o Arvind Giri, resident of village- Chakpahar , P.S. Tajpur, District- Samastipur. .........Respondents ---------------- 5 22.11.2011 By this writ petition, the petitioner wants to be released from Nariniketan (After Care Home), Gaighat, Patna City where she has been remanded pursuant to the order of learned Chief Judicial Magistrate, Samastipur. It appears that a case was instituted by the petitioner’s mother giving rise to Tajpur P.S.Case no. 127 of 2011, inter alia, alleging that respondent no.5 (Mukesh Sahni) and others had kidnapped her minor daughter. Upon daughter being recovered, she was produced before the learned Chief Judicial Magistrate and upon his direction a Medical Board was constituted to assess her age. She was also sent for getting her statement recorded under Section 164 Cr.P.C. The Medical Board opined her to be about 17- 17 ½ years. In her statement under Section 164 Cr.P.C. she asserted that she had married Mukesh Sahni out of her own free will. She had not been kidnapped and she did not want to return to her parents. She 2 wanted to go with her husband and stay with her in-laws. In the statement under Section 164 Cr.P.C. the petitioner disclosed her age to be 20 years though magistrate assessed her age to be 17 years. The statement was recorded on 5.7.2011. The learned Chief Judicial Magistrate finding that she was a minor, ordered in view of her not agreed to go her parents, that she be sent to After Care Home till she attains majority. It is under these circumstances, the petitioner has moved this Court. In view of issue involved we have fixed the matter in chambers where we have called parents of both the boy and the girl. The girl being the petitioner. They are all present in the Court. Mukesh Sahni’s father Shibu Sahni is present. He is identified both by the boy and the girl. He accepts the marriage and undertakes to the Court that he would look after the girl i.e. the petitioner, who is now daughter- in-law and keep her with due care and dignity of a daughter-in-law. He states that he works in Noida and his son is also, who has completed his Intermediate, works at Noida. They would keep her at Noida with all care and dignity. The girl’s father takes a peculiar stand. He has sated that as the girl is minor and unwilling to come home she should be detained in the After Care Home till she attains majority, where after she can go wherever she likes The girl clearly told the Court that the case filed by her mother was a false case only to implicate her husband and others. She states 3 that she will live with her husband wherever he lives and refuses to go back her parents. Considering that in July,2011, the Medical Board had assessed the age of the girl to be about 17- 17 ½ years, she would be almost 18 years if not more by now on that assessment itself. We have had the opportunity to see her. She appears to be matured enough to take her own decision. The attitude of her father surprises us, which is nothing but revengeful . In such a situation we set aside the order of learned Chief Judicial Magistrate, Samastipur, dated 6.7.2011, passed in Tajpur P.S.Case no.127 of 2011/ G.R.no.731 of 2011 and other orders authorizing her detention in After Care Home and direct the Superintendent of Nariniketan (After Care Home), Gaighat, Patna City to immediately release the petitioner to the custody of her husband and her father-in-law and mother-in-law, all of whom are present in the Court. Let it be recorded that Mukesh Sahni , her husband and petitioner’s in-laws have undertaken to this Court of keeping her with proper care and dignity specially considering her young age. With the aforesaid observation and direction, the writ petition stands disposed of. Singh ( Navaniti Prasad Singh, J.) (Ashwani Kumar Singh,J)