IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.666 of 2011 Rekha Kumari, D/o-Vijay Sharma, resident of Nasiriganj Ward No.4, P.S.- Nasiriganj, District-Rohtas at Sasaram. –Petitioner. VERSUS 1. The State of Bihar through the District Magistrate, Rohtas at Sasaram. 2. The Superintendent of Police, Rohtas. 3. The S.D.P.O., Bikramganj, District-Rohtas. 4. The Officer Incharge of Police Nasiriganj Police Station, District-Rohtas. 5. The Superintendent, Aftercare Home, Gaighat, Patna City, District-Patna. -Respondents. ----------- 03 18.07.2011 Pursuant to our order dated 14.07.201, the petitioner, Rekha Kumari has been produced in the Court by the Superintendent of Aftercare Home at Gaighat, Patna City. We have discussed the matter with the petitioner in language which she understands. Her father, Vijay Sharma used to reside at Nasiriganj in the district of Rohtas. It is stated that because of his abuses petitioner’s mother abandoned the matrimonial home long back. The father then abused the petitioner and, allegedly, used to sexually assault her as well. Seeing this, the younger brother of the petitioner also abandoned the house. It appears that thereafter the petitioner gathered courage and lodged a report with the police giving rise to Nasriganj P.S. Case No.3/2011 dated 07.01.2011. Police registered the case under Section- 376 of the Indian Penal Code against the father of the petitioner and he was arrested. It appears that police found this young girl to be all alone in the house, therefore, they took this girl and put her in the custody of her uncle (father’s elder brother), Dr. Ramchandra Sharma in Nasiriganj itself. After sometime for some reason the said uncle petitioned the Court of Sub-Divisional Judicial Magistrate, Bikramganj that he was unable to 2 keep the girl. Petitioner also filed an application in the Court that she did not want to stay with her uncle. The learned Sub-Divisional Judicial Magistrate thought it proper not to let the girl go free as she was young. He, accordingly, directed that the girl be sent to Aftercare Home at Patna. It is from Aftercare Home at Patna that this writ petition has been filed by her though the affidavit has been sworn by one Santosh Sharma, son of Late Premchand Sharma. Petitioner states that Santosh Sharma is the son of petitioner’s younger uncle, that is, father’s younger brother and as such first cousin of the petitioner. We have on record the report of three Doctors Medical Board which examined the petitioner. They have assessed her age as between 19-21 years. The girl is educated only up to about Class-V otherwise she is able to understand the proceedings and the problem at issue. Upon our questioning and making her aware of the problem which young girl left alone would face she says that she would like to stay with her first cousin, Santosh Sharma, who is willing to keep her and who has agreed to file this application for her or with her other cousin, namely, Smt. Seema Devi, W/o-Vicky Sharma residing at Ara, is alleged to be the daughter of Late Premchand Sharma, petitioner’s uncle above noticed. Having considered the matter and firstly the safety of this young girl, we are of the opinion that either Smt. Seema Devi or Santosh Sharma may come to the Aftercare Home at Gaighat, Patna City to take her. The Superintendent would take all care to see that she is handed over to either of them, who is willing to take her, upon proper 3 identification by the petitioner. Before handing over, he would be well advised to take a written undertaking by the petitioner stating that the person who has come to take her is known to her and she is willing to go with him/her. On the said application the person receiving her would be asked to sign clearly stating the relationship and undertaking to keep the girl in question and a receipt showing delivery of the girl to them. Once the girl is so handed over to her relation as above, the Superintendent would send a report to this Court in this case annexing copy of the said written application and would also inform the Court of Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas giving address at which the girl can be contacted if need be. In view of the order that we have passed there does not appear to be any reason for retaining these proceedings any further. Let it be noted that the Superintendent of Aftercare Home at Gaighat, Smt. Sangeeta Prasad is also present. These proceedings are, accordingly, disposed of. Let a copy of this order be given to the Superintendent, Aftercare Home, Gaighat, Patna City, Patna. Trivedi/ (Navaniti Prasad Singh, J.) (Ashwani Kumar Singh, J.)