IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1029 of 2010 FARHANA KHATOON @ CHANDANI Versus STATE OF BIHAR & ORS ----------- 3. 1.10.2010 Farhana Khatoon alias Chandani has filed this writ application for commanding the respondent authorities to release her from After Care Home, Gaighat, Patna City and also to allow her to live her conjugal life with her husband Md. Irfan (respondent no. 6). The document which has been annexed with this writ application indicates that the petitioner was produced before the Chief Judicial Magistrate, Vaishali at Hajipur in connection with Desri P.S.Case No. 105 of 2010. Her statement was recorded under Section 164 Cr. P.C. and her age was also assessed by the Medical Board as per the direction of the court. The Chief Judicial Magistrate has assessed her age as 19 years. However, the Medical Officer disclosed in his report her age as 17 years and also disclosed that she is carrying pregnancy of 12 weeks six days. Counsel for the petitioner submits that being major the petitioner solemnized the marriage with respondent no. 6 as per the Muslim law and there is no reason for sending her to Remand Home considering it a case of kidnapping as per the allegation in Desri Police Station Case No. 105 of 2010. As per the direction of this Court, the petitioner Farhana Khatoon alias Chandani has been produced by the Superintendent, In-charge of After Care Home,Gaighat, Patna 2 City. The petitioner’s husband and mother-in-law are also present in Court. Under the above facts and circumstances, the petitioner Farhana Khatoon alias Chandani is being released to go with her family members as per her own choice. However, she will complete the formalities at the After Care Home, Patna City before leaving the same. In the result, this writ application is allowed and the order dated 25.8.2010 passed by the Chief Judicial Magistrate, Vaishali at Hajipur in Desri P.S.Case No.1 05 of 2010 is hereby quashed. Kanth ( Mridula Mishra, J. ) ( Dharnidhar Jha, J.)