IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.107 of 2011 Soma Khatoon @ Sema Khatoon, wife of Late Ram Prasad Paswan @ Late Pratap Paswan, Resident of Village- Rampur Uttar, P.S. Forbesganj, District- Araria. …….Petitioner. Versus 1. The State of Bihar through Principal Secretary, Home Department, Patna. 2. The Superintendent of Police, Araria. 3. The Deputy S.P., Forbesganj, District- Araria. 4. The Officer-in-Charge, Forbesganj, P.S.-Forbesganj, District- Araria. 5. Archana Ghosh, wife of Sujit Kumar Datta, Resident of Village- Raniganj, P.S. Raniganj, District- Araria. 6. Sanju Jha, Teacher, Kasturba Gandhi Balika Awasiya Vidyalaya, Simraha, P.S. Simraha (Forbesganj) District- Araria. …….Opposite Parties. For the petitioner :- Mr. Ramesh Kumar Singh, Advocate. For the State :- Mr. Ahsamuddin Amanullah, G.A.4 Mr. S. Rahman, A.C. to G.A. 4. ----------- 4. 11. 03. 2011. Heard learned counsel for the petitioner and the State. The petitioner claims to be wife of Late Ram Prasad Paswan @ Late Ram Pratap Paswan and mother of one Sangeeta Khatoon, described as wife of Md. Pravej. Through this writ petition she has prayed for issuance of a writ of Habeas Corpus for release of her daughter Sangeeta Khatoon from Remand Home in her favour on the ground that Sangeeta Khatoon is married with Pravej and is a major even in the estimate of the learned 2 Magistrate, who recorded her statement under Section 164 Cr.P.C. and found her to be 18 years of age as on 21st September, 2010 although, Sangeeta Khatoon claimed her age to be 19 years. The materials on records as well as statement of Sangeeta Khatoon recorded under Section 164 Cr.P.C. show that an Institution named as Kasturba Gandhi Girls Residential School is running at Forbesganj in Bihar, with the help of Government of Bihar under "Sarva Shiksha Abhiyan" in order to help vulnerable girls and protect them from being subjected to flesh trade. That school has made arrangement for keeping about 100 students. From Annexure-1, a report to the Officer-in-Charge, Forbesganj P.S., it transpires that 23 girls were released from that Institution on the assurance given by their family members that they would take care of the girls and look after their studies and protect the girls from undesirable situation. It further appears from the said report that the Institution came to know that four out of twenty three girls released earlier had been forced to enter into flesh trade, name of Sangeeta Khatoon is mentioned as the fourth name in Annexure-1. It further appears that Police registered a 3 case and rescued the concerned girls and they were again rehabilitated in the Kasturba Gandhi School for girls. In the statement of Sangeeta Khatoon which was recorded under Section 164 Cr.P.C. she has claimed that she has married one Pravej about two months earlier. However, she has not expressed her intention to go at any place of her choice in the said statement. As a result it appears that she was again sent to Kasturba Gandhi Girls Residential School whose correct address has been given as Simraha, Araria. A Zimanama executed by the teacher of that school, Sanju Jha, is annexed as Annexure-4. Today, learned counsel for the petitioner has shown to us order dated 04. 10. 2010, passed by the learned Chief Judicial Magistrate, Araria, in which prayer of one Umeda Khatoon and one Md. Kashim who claimed to be 'Mausi' and 'Mausa' for release of Sangeeta Khatoon in their favour, was rejected on the basis of statement recorded under Section 164 Cr.P.C. that she had not expressed any desire to go with said 'Mausa' and 'Mausi'. Since the petitioner herself claims that her daughter Sangeeta Khatoon is now married and more than 18 years of age and also considering that learned 4 Magistrate also found Sangeeta Khatoon to be aged 18 years in September, 2010, we are of the considered view that no interference in the matter is required in writ jurisdiction under Articles 226 and 227 of the Constitution of India. The court of the learned Chief Judicial Magistrate is in seisin of the matter and if the girl, Sangeeta Khatoon, without any undue influence, exercises her preference and option to go with some one, we are sure that the girl shall be permitted by the court below to reside as per will, irrespective of the views of any relation or this petitioner against whom there is allegation in the Police case instituted by Annexure-1. With the above observations/directions, the writ petition is dismissed. m.p. ( Shiva Kirti Singh, J.) (Gopal Prasad, J.)