IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.964 of 2008 --------- Rebi Kumari , d/o Late Alakhdeo Singh, resident of Vill- Pathra English, P.S. Muffasil, District – Nawada and W/o Pawan Kumar, resident of Vill- Mahila, P.S. Giriyak, Dist- Nalanda ……………. Petitioner Versus 1. State Of Bihar 2. The Superintendent, Government after Care Home, Gai Ghat, Patna 3. Niranjan kumar, son of Late Alakhdeo Singh, resident of Vill – Pathra English, P.S. – Muffasil, (Nawada) District – Nawada ………….. Respondents ----------- For the Petitioner : Mr. Arun Kumar Arun, Advocate For the Respondent nos. 1 & 2 : Mr. Lalit Kishore, AAG III ----------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ---------- Dated, the 20th October, 2008. This Criminal Writ petition is in the nature of habeas corpus by lady Rebi Kumari herself, seeking her release from After Care Home, Gai Ghat at Patna. According to her, she is major and 21 years’ old. She has stated that she has married Pawan Kumar, resident of Village – Mahila, Police Station – Giriyak, District – Nalanda. 2. It transpires that the petitioner’s brother Niranjan Kumar, lodged a First Information Report (being F.I.R. No. 33 of 2008) on 16th April, 2008 at Police station Mufassil, Nawada. In the - 2 - First Information Report, Pawan Kumar has been arraigned as an accused for the offence punishable under sections 363 and 366A of the Indian Penal Code. Petitioner’s age in the First Information Report has been stated to be about fifteen years. 3. The petitioner’s statement has been recorded under section 164 of the Code of Criminal Procedure by the concerned magistrate wherein she has stated that for the last four years she has been in love with Pawan Kumar. On the day of Ramnavmi, she left her home, went to village – Mahila with Pawan Kumar and thereafter, married him at Biharsharif. Before the Magistrate, she stated that in Biharsharif court she has stated her age to be twenty three years. 4. The concerned Judicial Magistrate sent her for medical examination for determination of her age. As per the medical report, her age is between 17- 19 years. 5. When the matter was called out today on the first session, Mr. Lalit Kishore, Additional Advocate General – III prayed for taking up the matter in second session to enable him to present the girl before the court. In the second session, girl (the petitioner) came along with the lady police constable, After Care Home, Gai Ghat, Patna. She stated that she was 21 years’ old and that she has, of her own choice and free will, married Pawan Kumar. She stated that her marriage with Pawan Kumar was not under any pressure or coercion. Mr. Lalit Kishore, AAG III submitted and, in our view fairly, that as per her appearance, she appears to be more than 18 years’ old. - 3 - 6. In the light of the aforesaid facts, we are satisfied that there is no justification of the petitioner being kept at After Care Home, Gai Ghat, Patna. Her liberty has been unnecessary infracted by putting her in After Care Home, Gai Ghat, Patna as she is major and is entitled to live wherever she wants. 7. Consequently, we allow this writ petition and direct the Superintendent, Government After Care Home, Gai Ghat, Patna to permit the petitioner to go wherever she wants. We order accordingly. R.M. Lodha, CJ Kishore K. Mandal, J. Anil/