IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1057 of 2010 MD. MAHBUB ALAM @ MAHMUD Versus STATE OF BIHAR & ORS ----------- 03. 12.10.2010 Prayer of the petitioner, Md. Mahbub Alam @ Mahmud is for issuance of writ of habeas corpus, commanding the respondent authorities to release his wife, Shampa Kumari @ Aisha Begum, daughter of Chand Mohan Das, in his favour, who, at present, has been detained at Remand Home, Gai Ghat, Patna City. The petitioner’s case is that Shampa Kumari @ Aisha Begum had fallen in love with the petitioner. Both wanted to get married. Shampa Kumari @ Aisha Begum left her parents house at her free will and they got married on 12.04.2010. Before marriage, Shampa Kumari adopted Islam out of her own accord and she has been given name of Aisha Begum and their Nikah was done by a Kazi on the Dain Mehar of Rs. 25,000/- at Madhepura. In support of their marriage they have also sworn affidavits. The father of Shampa Kumari instituted a Police Case on 08.05.2010, bearing Bhargama P. S. Case No. 50 of 2010, instituted under section 363 / 366 / 366 A / 34 of the Indian Penal Code, alleging 2 therein that on 13.04.2010, his minor daughter Shampa Kumari was kidnapped by the petitioner and others. In the written report of the father of Shampa Kumari, her age was disclosed at about 14 years and it was alleged that forcibly she was taken away by the accused persons, while Shampa Kumari was going with her mother to attain nature’s call. The petitioner and Shampa Kumari @ Aisha Begum were apprehended by the police. Petitioner was sent to jail and Shampa Kumari @ Aisha Begum was produced before the Magistrate. She was sent for her medical examination and as per the Doctor’s report, she has been assessed to be 19-20 years of age. Shampa Kumari @ Aisha Begum in her statement recorded under section 164 Cr.P.C. has admitted that she was not kidnapped rather she has solemnized her marriage with the petitioner and also disclosed that she wants to live with him. However, the Chief Judicial Magistrate, Araria vide Order dated 17.06.2010 sent Shampa Kumari @ Aisha Begum to Remand Home on the basis of her age disclosed by her father, completely ignoring the age disclosed by the girl in her statement recorded under section 164 Cr.P.C. and 3 also the age assessed by the Doctors in the medical report. The petitioner who claims to be the husband of Shampa Kumari @ Aisha Begum has filed this application for her release. The Superintendent of Remand Home, Gai Ghat was directed to produce the girl before us today. The girl has been produced. Her father Chand Mohan Das and the petitioner Md. Mahbub Alam @ Mahmud are also present in Court. We enquired from Shampa Kumari @ Aisha Begum regarding her option as to whether she wants to go with her father or the petitioner, Md. Mahbub Alam @ Mahmud, she very confidently and emphatically replied that she wants to go with her husband. Admittedly, as per medical report, she is a major. She has disclosed her mind that she wants to go with the petitioner and there is no other reason for detaining her in the Remand Home. Considering the fact that she is not willing to go with her father and being a major, she is free to decide her options in the matters of going either accompanying to her father or to her husband, she is 4 being released from Remand Home, Patna City. The only anxiety, which we feel, is the safety and security of the girl, since she is uneducated and despite attaining the age of majority, she has not seen the world independently. We questioned the petitioner as to whether he will properly look after his wife and give her all protection, to which he has given positive assurance to Court, and also to his wife. Considering all these facts, Order, passed by the Chief Judicial Magistrate, Araria, dated 17.06.2010, in Bhargama P. S. Case No. 50 of 2010, is quashed. Shampa Kumar @ Aisha Begum is directed to be released forthwith, so that she may accompany her husband and go with Md. Mahbub Alam @ Mahmud, the petitioner of this case. This application is allowed. SKM (Mridula Mishra, J.) (Dharnidhar Jha, J.)