IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.235 of 2009 UMESH KUMAR SON OF SRI SAKALDEEP RAY, RESIDENT OF VILLAGE GORIGANMA, P.S. MAHUA, DISTRICT VAISHALI. --- PETITIONER Versus 1.STATE OF BIHAR THROUGH CHIEF SECRETARY, BIHAR, PATNA. 2. SUPERINTENDENT OF POLICE, VAISHALI, HAJIPUR. 3. SUPERINTENDENT , AFTER CARE HOME, PATNA. 4. NIBHA KUMARI DAUGHTER OF SRI RAM BILASH SINGHAND WIFE OF UMESH KUMAR, RESIDENT OF VILLAGE GORIGANMA, P.S. MAHUA, DISTRICT VAISHALI ( BIHAR) -------RESPONDENT ----------- 2/ 30-03-2009 This is a petition for issuance of a writ in the nature of habeas corpus to set at liberty respondent no.4, Nibha kumari, because she is legally married wife of the petitioner and so detention in after- care- home is illegal. The father of respondent no.4 lodged an F.I.R. under section 366(A)/ 34 of the I.P.C. stating that his daughter, respondent no.4, is a minor girl and the petitioner has abducted her with an intention to marry her. Thereafter respondent no.4 was procured by police from the house of the petitioner and was produced before the Chief Judicial Magistrate, Hajipur ( Vaishali) and her statement under section 164 Cr. P.C. was recorded before the Judicial Magistrate, Ist Class, Hajipur on the same day. Respondent no. 4 was also examined by Doctor on the order of the Chief Judicial Magistrate and as per medical report she was aged about 17 to 19 years. Thereafter , respondent no.4 was sent to after care home, Patna. It is not proper for keeping a young girl or woman in After-Care-Home for longer period. In our view, the petitioner as also respondent no.4 shall - 2 - appear before the learned Chief Judicial Magistrate, Hajipur who after hearing both parties, shall pass order in accordance with law. With the aforesaid observation/direction, this writ petition is disposed of. ( J. B. Kosahy, CJ ) ( Dr. Ravi Ranjan, J ) BTiwary/