IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. WJC No.1029 of 2010
FARHANA KHATOON @ CHANDANI
Versus
STATE OF BIHAR & ORS
-----------
3. 1.10.2010 Farhana Khatoon alias Chandani has filed this writ
application for commanding the respondent authorities to release
her from After Care Home, Gaighat, Patna City and also to allow
her to live her conjugal life with her husband Md. Irfan
(respondent no. 6). The document which has been annexed with
this writ application indicates that the petitioner was produced
before the Chief Judicial Magistrate, Vaishali at Hajipur in
connection with Desri P.S.Case No. 105 of 2010. Her statement
was recorded under Section 164 Cr. P.C. and her age was also
assessed by the Medical Board as per the direction of the court.
The Chief Judicial Magistrate has assessed her age as 19 years.
However, the Medical Officer disclosed in his report her age as
17 years and also disclosed that she is carrying pregnancy of 12
weeks six days.
Counsel for the petitioner submits that being major
the petitioner solemnized the marriage with respondent no. 6 as
per the Muslim law and there is no reason for sending her to
Remand Home considering it a case of kidnapping as per the
allegation in Desri Police Station Case No. 105 of 2010.
As per the direction of this Court, the petitioner
Farhana Khatoon alias Chandani has been produced by the
Superintendent, In-charge of After Care Home,Gaighat, Patna
2
City. The petitioner’s husband and mother-in-law are also
present in Court.
Under the above facts and circumstances, the
petitioner Farhana Khatoon alias Chandani is being released to
go with her family members as per her own choice. However,
she will complete the formalities at the After Care Home, Patna
City before leaving the same.
In the result, this writ application is allowed and
the order dated 25.8.2010 passed by the Chief Judicial
Magistrate, Vaishali at Hajipur in Desri P.S.Case No.1 05 of
2010 is hereby quashed.
( Mridula Mishra, J. )
( Dharnidhar Jha, J.)
Kanth