IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.609 of 2008 PRADIP SAHNI Versus STATE OF BIHAR & ORS ----------- For the Petitioner : Mr. Hare Krishna Prasad, Advocate For the Respondents : Mrs. Neelam Prasad, J.C to G.P. XXI ------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal --------- Dated, the 24th July, 2008. This habeas corpus petition has been filed by Pradip Sahni, son of Mahendra Sahni, resident of Village – Koria Haibatpur, District – Begusarai. He claims to be husband of Sabnam Kumari. His grievance is that Sabnam Kumari has been illegally detained by respondent nos. 2 and 3. 2. That respondent nos. 2 and 3 are mother and father of Sabnam Kumari is not disputed by the counsel for the petitioner. Although the petitioner claims that Sabnam Kumari is major as has been opined by the doctor, from the order dated 8th May, 2008 passed by the Chief Judicial Magistrate, Begusarai, it transpires that she is minor. This finding has been recorded by the Chief Judicial Magistrate, Begusarai on the basis of school certificate. Sabnam Kumari having been found minor, she has been given custody to her mother Sita Devi. - 2 - 3. The relevant portion of the order dated 8th May, 2008 passed by the Chief Judicial Magistrate, Begusarai reads thus: “On perusal of the record, it appears that on 13.3.08 the victim girl was considered minor by this court on the basis of school certificate and materials available on the record and hence she was released in favour of her mother Sita Devi with direction to look after her properly and not to torture her.” 4. In view of the order that has been passed by the Chief Judicial Magistrate, Begusarai, it cannot be said that Sabnam Kumari is in illegal custody of respondent nos. 2 and 3. 5. Habeas corpus petition is accordingly dismissed. R. M. Lodha, CJ Kishore K. Mandal, J. Anil/