IN THE HIGH COURT OF JUDICATURE AT PATNA CR WJC No 625 of 2011 Sarwari Khatoon, wife of Md Samser, resident of village – Babhangama, P S – Nanokothi, District – Begusarai - Petitioner Versus 1 The State of Bihar 2 Superintendent of Police, Begusarai 3 Sub Divisional Police Officer, Bakhari, District – Begusarai 4 Station House Officer, Bakhari Police Station, District – Begusarai 5 The Superintendent, Government Women Care Home, Gaithat, Patna – 7 6 Afsana Khatoon, daughter of Md Gulam Rasool, resident of village – Makkhachak, P S – Bakhari, District – Begusarai - Respondents ----------- 4 20.09.2011 By this writ petition, petitioner, who claims to be a major, seeks release from judicial custody and from the Women Care Home at Gaighat, Patna – 7 where she has been lodged pursuant to order of learned Additional Sessions Judge II, Begusarai in relation to Sessions Trial No 1180 of 2010. It appears that one Afsana Khatoon (respondent No 6) lodged a first information report against her husband Md Samser alleging that he had enticed away her younger sister Sarwari Khatoon, the petitioner and could harm her. Upon this, Bakhari Police Station Case No 85 dated 17.05.2010 was registered under Sections 323 and 366 of Indian Penal Code. The said Md Samser was later arrested and released on bail. Petitioner Sarwari Khatoon was also recovered and her statement under Section 164 of Criminal Procedure Code was recorded. In her statement, she has given her age to be 23 years which has been assessed as such by the Magistrate also. She has stated that she has married Md Samser out of her own will. She is an adult and she wants to live with him. Her statement, having been recorded, the matter was then placed before the trial Court where the case had 2 been committed. The trial Court, we regret to note, noted by its order dated 04.04.2011 that the petitioner appeared to be about 23 years of age though Medical Board, which was constituted, gave its report on 27.07.2010 that she was aged between 16-17 years. He noted that she wanted to be released in favour of her husband and not her father. The Court has remanded her to After Care Home for the purposes of recording her statement in the trial. In other words, the Court remands her, knowing fully well that she is the victim, only for the purposes of recording her evidence. Otherwise being apparently a major, she is free to go where she wants. We are surprised. A victim is being kept in custody. Unfortunately, it is now almost a year that she has been kept in the Remand Home. This is impermissible. Even if we go by medical evidence, by now, she is major. She is the victim herself. In law, she cannot be kept in Remand Home any longer and her detention is clearly illegal. A person, who is a major, is free to live where he or she wants and the law cannot compel her or him to live at any particular place. When we fixed the matter in Chambers, the girl was produced. She looked major and matured enough to take her decision. Her father-in-law also appeared before us. He was duly identified by the girl. She wishes to go with him. Having considered the matter and considering that the girl is adult and matured to take her decisions, we hold that her detention in the After Care Home is clearly illegal. She has to be released. We, accordingly, directed the Superintendent of the After 3 Care Home to release the petitioner who would be free to go with her father-in-law after due receipts are taken. The Superintendent would also inform the Court concerned regarding this order. However, we make it clear that the petitioner would appear in the Court as and when required to give evidence. With these observations and directions, this writ application stands disposed of. The petitioner was brought from the After Care Home by the Superintendent thereof. When we noticed that this girl had been in their custody, she produced records to show that pursuant to order of Court, she had been in their custody for now over a year. She further disclosed that at the After Care Home at Gaighat, Patna – 7, there are over 100 such girls who are adult and are being retained in the After Care Home pursuant to judicial orders of different Courts. We were surprised. We have asked the Superintendent to prepare a statement and submit it to us as we intend to suo motu take up this matter. The statement would be filed by Monday, the 26th of September, 2011 through learned Advocate General in Court when we would further order for registration of a separate case in this regard and we request learned Advocate General to assist us. M.E.H./ (Navaniti Prasad Singh) (Ashwani Kumar Singh)