IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.670 of 2009 MAULANA TAIYAB MOJAHARI, son of late Quasim, resident of village- Wasilpur, Arwal, P.S. Arwal, and District- Arwal. ……. Petitioner. Versus 1. THE STATE OF BIHAR, through its Director General of Police, Bihar, Patna. 2. The Senior Superintendent of Police, Patna. 3. The Superintendent of Police, Patna. 4. The Superintendent, After Care Home, Gaighat, Patna. 5. The Investigating Officer, Arwal Police Station, Arwal. ……Respondents. ----------- Re: I.A. No.215 of 2011: 17- 18.5.2011 Heard Mr. Abu Haider for the petitioner, and Mr. Gautam Bose, learned Additional Advocate General No.8 for the respondents. In pursuance of our order dated 11.5.2011, the petitioner, his wife, and Ghazala Praveen, are present. Mrs. Sangeeta Prasad, Superintendent, after-care Home, Gaighat, Patna, is also present. The petitioner has filed this application for recall of the order dated 8.2.2010, whereby his prayer to adopt Ghazala Praveen as a daughter was allowed and the Principal Magistrate (Juvenile), Patna, was directed to complete the process of adoption in accordance with law and the observations made in the order. 2. We have perused the materials on record and considered the submissions of the learned counsel for the parties. The matter was earlier taken up on 11.5.2011, on 2 which date the petitioner, his wife, Ghazala Praveen, and Mrs. Sangeeta Prasad were present. On our request, Mrs. Sangeeta Prasad had interviewed all of them separately and/or jointly. She has today verbally apprised us of her impression of the situation. We have today interviewed the girl in camera. By our order dated 20.4.2011, we have called for a report from the learned Principal Magistrate, Juvenile Justice Board, Gaighat, Patna, as to under what circumstances adoption has not taken place. He has submitted his report dated 10.5.2011. 3. It appears to us that adoption by the petitioner and his wife of Ghazala Praveen is not possible, and is also not in the interest and welfare of the girl. We have no manner of doubt that the petitioner has acted most irresponsibly, had taken custody of Ghazala Praveen, a small girl, of their own motion, being the petitioner before us. We were initially contemplating strong and stern action against the petitioner and his wife. We would have been very happy had the petitioner and his wife allowed adoption to take place, so that a deserted girl would have found a home, and the petitioner would have got the blessings of God. They have by their most irresponsible action invited the God’s wrath. Neither 3 the Almighty God, nor this Court, will ever forgive them. However, in such a situation, we are with some amount of pain constrained to recall our order dated 8.2.2010. Mrs. Sangeeta Prasad, the Superintendent of after-care Home, Gaighat, Patna, is here and the now given custody of Ghazala Praveen, and take her to after-care Home. I.A. No.215 of 2011 is accordingly allowed. 4. The writ petition is disposed of. (S K Katriar, J.) (Kishore K. Mandal, J.) S.K.Pathak/