IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.360 of 2011 6 17.5.2011 Vimal Kumari @ Pooja Kumari wife of Subodh Rai, resident of Village Sondho Mubarakpur, Police Station Goraul, District Vaishali …. Petitioner VERSUS 1. The State of Bihar 2. The Superintendent of Police, Patna (Gramin), Patna 3. The Officer Incharge, Bihta Police Station, Bihta, District Patna 4. The Superintendent, Government Remand Home, Gaighat, Patna City, Patna 5. Nilam Pandey, w/o Late Shambhu Sharan Pandey, Vill + P.O.- Sadisopur, P.S. Bihta, Distt. Patna 6. Subodh Rai, S/o Patasi Rai, resident of village- Sondho Mubarkarpur, P.S. Goraul, Distt. Vaishali 7. Patasi Rai, father’s name not known, vill.- Sondho Mubarakpur, P.S. Goraul, Distt. Vaishali. ….. Respondents ---------- Heard the parties. The order passed by us on the last date i.e. 12.5.2011 records the stand of the petitioner and her firm desire to live with her husband and in-laws. Details about her age as per certificate and as per medical opinion, have also been recorded which show that at best she was 17 years of age on 5th March, 2011 when she was examined by the doctor. That order shall be treated to be a part of this order so that there is no necessity to repeat the facts unnecessarily. - 2 - Pursuant to our direction, an affidavit has been filed on behalf of respondents no.6 and 7 i.e. Subodh Rai and Patasi Rai. As per that affidavit, they have admitted the petitioner to be married wife of Subodh Rai, respondent no.6 and have undertaken to keep the petitioner with them after release from the Remand Home, with all dignity and honour. Respondent no.6 has also undertaken that he will keep the petitioner with dignity and she will be entitled to all the rights through her husband for which she is entitled under law. As directed under earlier order, Patasi Rai has appeared with his wife and both of them have convinced the Court that interest of the petitioner shall be protected by them and they shall look after the petitioner as well as her pregnancy with all care and affection. Petitioner,who is also present, has reiterated her desire to be released from the Remand Home so that she may presently reside in the house of her husband and in-laws. She has explained that she should not be kept in the Remand Home because during pregnancy she needs proper food and care which according to her is - 3 - possible only if she is allowed to live with her in-laws. i.e. Patasi Rai and his wife. No doubt, if the petitioner was found to be a major without any doubt, at this stage itself the matter could have been finally decided. But for the present the findings given by us must be treated only as tentative findings particularly in respect of age of the petitioner. As per tentative finding, the petitioner is yet not 18 years of age. However, in our view, even as a minor her interest as well as her safety and welfare are of the main concern to this Court for deciding whether she should be allowed to remain at Remand Home or she should be asked to live with her mother or else with her husband’s family. Petitioner is found to be quite matured in all respects. Her fear for which she does not want to live with her mother and brothers also appear to be genuine and reasonable because even if no physical harm comes her way, emotional torture is most imminent. Considering all the facts and circumstances, particularly the pregnancy of the petitioner, her - 4 - apprehensions in living with her mother and brothers and the undertaking given by Patasi Rai and his wife, who are present in Court, we are of the considered view that safety, interest and well being of the petitioner requires that she should be released from the Remand Home at Gaighat, Patna forthwith so that she may get proper food and care during the period of pregnancy. For this, in our view, the best person to be entrusted with the custody of the petitioner would be Patasi Rai, respondent no.7. This would be in accordance with wishes of the petitioner and in our view also the interest of the petitioner will be best served by allowing her to live under the custody of Patasi Rai and his wife until the matter is decided one way or other by the concerned court or till she is not a major. Thereafter, she will be free to reside at any place of her choice. We order accordingly. The petitioner, in view of aforesaid order, is directed to go from this Court itself along with Patasi Rai and his wife, who are present in Court. As per their undertaking, they shall produce the petitioner before the Criminal Court as per orders of that Court. - 5 - This writ petition is disposed of accordingly. sk (Shiva Kirti Singh, J.) (Gopal Prasad, J.)