Chanda Khatoon v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.100 of 2017 Arising Out of PS. Case No. -341 Year- 2014 Thana - MOFFASSIL DISTRICTEASTCHAMPARAN (MOTIHARI) =========================================================== Chanda Khatoon wife of Dhiraj Kumar Singh @ Kodai Singh, Daughter of Aziz Meya, Resident of Village Patparia, P.S. Muffasil, District East Champaran (Motihari), At present Village Ramvan, P.S. Pakri Dayal, District East Champaran, Motihari .... .... Petitioner
Versus
1. The State of Bihar
2. The Director General of Police, Bihar, Patna
3. Superintendent of Police, East Champaran, Motihari
4. Dy. Superintendent of Police, East Champaran, Motihari
5. Officer-in-Charge of Moffassil, East Champaran, Motihari
6. Dhiraj Kumar Singh @ Kodai Singh, Son of Ramji Singh, Resident of Village Ramvan, P.S. Pakri Dayal, District East Champaran, Motihari
7. Aziz Mian, Son of Late Sahebjaan Mian, Resident of Village Pathparia, P.S. Motihari Moffassil, District East Champaran, Motihari .... .... Respondents =========================================================== Appearance:
For the Petitioner : Mr. Sharda Nand Mishra, Mr. Vivekanand Jha, Mr. Dhananjay Kr. Gupta, Advocates For the Respondents : Mr. Md. Nadeem Seraj, GP 5 =========================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH And HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH) Date: 31-01-2017 Heard learned counsel for the petitioner and learned counsel for the respondents.
2. This is the third attempt on behalf of the petitioner or her husband for her release. In 2014, petitioner's father lodged an FIR alleging that she was a minor and she had been kidnapped. Later she was recovered and her statement under Section 164 of the Code of Criminal Procedure was recorded. She stated her age in the year 2014 to be 20 years but the
Patna High Court Cr. WJC No.100 of 2017 dt.31-01-2017 2/3 Magistrate found that she was examined by the Medical Board for assessment of her age and she was a minor.
3. A writ petition was moved on behalf of the petitioner for release which was rejected by this Court. She then moved another writ petition which was again rejected with a finding that she has not been able to establish that she was not a minor. Being a minor, she cannot be released to the custody of her so-called husband. She could only be released to the custody of her guardian i.e. her parents and as she was not willing to go with her parents, her prayer for release from 'Nari Niketan' was rejected. Now again she has filed the writ petition annexing therewith a certificate issued by the last school where she attended classes. The said certificate was issued in the year 2010 and the said certificate showed her date of birth to be 17.10.1998 thereby that she could be major now.
But we have our apprehension inasmuch as the question of date of birth has been in dispute for the last three years. If the certificate has been obtained by her in the year 2010 itself why it was not produced or why it was not brought on record ever before. Further perusal of the certificate and her own statement made in 2014 that she was over 20 years falsifies her statement on her own showing about being 15 1⁄2 - 16 1⁄2 years of age.
4. We, accordingly, direct the Superintendent of 'Nari Niketan', Patna to get the age of the girl determined. State would ensure that a Medical Board is duly constituted to do the same as the petitioner is at Patna itself. If the recommendation of the Medical Board is that she is clearly major then the petitioner would be entitled to be released from
Patna High Court Cr. WJC No.100 of 2017 dt.31-01-2017 3/3 'Nari Niketan' to go anywhere she likes. If the finding is otherwise, she would not be released till she attains the majority.
5. With this observation, the writ petition is disposed of. (Navaniti Prasad Singh, J) (Vikash Jain, J) AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 04.02.2017 Transmission Date B.T/- 04.02.2017