IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.944 of 2010 SAMA PRAVIN Versus STATE OF BIHAR & ORS ----------- For the Petitioner: Mr. S. Parasmani, Advocate For the State: Krishna Chandra Jha, AC to SC 18 ***** 03. 15.09.2010 Sama Parvin, the petitioner of this writ application has prayed for her release from the illegal confinement, presently at Remand Home, Gaighat, Patna. The writ application in the nature of habeas corpus has been filed on account of the petitioner’s detention in Remand Home by virtue of the Order, dated 11.05.2010, passed by the Chief Judicial Magistrate, Muzaffarpur in connection with Kazi Mohammadpur P.S. Case No. 65 of 2010. The petitioner’s case is that she is major and she, as per her own decision, has solemnized her marriage with Md. Suhail. Since it was a marriage against the wishes of her parents, as such the petitioner and her husband decided to reside for some time at Nepal. The father of the petitioner filed a complaint case before the Chief Judicial Magistrate, Muzaffarpur, alleging therein that Md. Suhail has 2 abducted his minor daughter. The complaint petition was sent to Police for instituting an FIR and thus Kazi Mohammadpur P.S. Case No. 65 of 2010 was instituted for the offence punishable under sections 366A/ 34 of the IPC. When the petitioner, at Nepal, came to know from her sister that her father has filed a case against her husband and another family members she along with her husband came to Muzaffarpur, appeared before the Chief Judicial Magistrate and also filed an affidavit in support of her statement and her claim that she is a major. Thereafter, her statement was recorded under section 164 Cr.P.C., where she disclosed her age to be 19 years. She was also examined by the Medical Board and the Medical Board also declared her age between 18 to 19 years. Despite there being materials in support of the petitioner being major, the Chief Judicial Magistrate in stead of allowing her to go with her in- laws, i.e., father-in-law and mother-in-law, directed to keep her in Remand Home. The petitioner had expressed her desire before the Court that she wants to go with her in-laws, but illegally the Court has passed an Order to send her to Remand Home. 3 The submission on behalf of the petitioner is that the impugned Order dated 11.05.2010, passed by the Chief Judicial Magistrate, Muzaffarpur is without any authority and illegal. Prayer is for quashing of this Order and also for directing the respondents to release her from the Remand Home and allow to go in the company of her in-laws. When the matter was placed before us yesterday, we directed the Superintendent, Remand Home, Gaighat, Patnacity to produce the girl. The counsel for the petitioner also asked to inform the family members of the petitioner to remain present today, so that the petitioner may be allowed to accompany them from the Court itself. Several matters like the present case are listed before us and we find that the Judicial Officers have stopped thinking judiciously, while passing Orders in such cases. The legal requirement on production of a major girl, who is not an accused in connection with any complaint or police case, is consider her statement under section 164 Cr.P.C. In case, she expresses her desire to go in the company of her husband or her in-laws or any other person, then there is not reason for not allowing her to go 4 with the person with whom she wants to go. The Court can direct for detaining a girl in Remand Home only in case when she is minor and there is some dispute of custody. Since, there was no such reason involved in the present case, the Chief Judicial Magistrate should have passed an order, allowing the petitioner to go as per her desire, directing her detention in the Remand Home. Such order, in any way, can not be considered to a legal Order. The Order dated 11.05.2010 by the CJM, Muzaffarpur, passed in connection with Kazi Mohammadpur P. S. Case No. 65 of 2010 is quashed. The petitioner Sama Parvin is directed to be released from her detention in Remand Home, Gaighat, Patnacity. She is allowed to accompany her father-in- law and mother-in-law, who are present in Court. She can go with her family members from the Court itself. However, if there are some formalities to be completed before being released, she will comply with it. This application is allowed. SKM (Mridula Mishra, J.) (Dharnidhar Jha, J.)