Minor Girl's Stay At Remand Home Pursuant To Judicial Order Cant' Be Called Unlawful Confinement/Detention; Habeas Corpus Petition Not Maintainable: Patna HC [Read Order]

The Bench of Chief Justice Sanjay Karol and Justice S. Kumar further clarified that in such cases, the petitioner can approach the High Court challenging the order passed by the Judicial Magistrate by filing criminal writ petition or quashing/revision petition impugning order passed by the Judicial Magistrate.

Facts of the Case

An FIR was lodged on 13.3.2019 by the father of the petitioner (Anil Prasad Singh /Informant) giving rise to Ujiyarpur P.S. Case No.17/19 instituted under Sections 366, 366A read with 34 of IPC in which it was alleged that minor girl of informant aged about 16 years Anuradha Kumari had gone to coaching institute in the morning on 7.3.2019 and was kidnapped by Prabhas Kumar and other accused as named in FIR.

The victim girl, daughter of informant was recovered by the police on 5.4.2019 and her statement was recorded before the Magistrate under Section 164 of Cr.P.C. in which she disclosed her age as 19 years and also stated that she has solemnized marriage with Prabhash Kumar on 13.3.2019 in Radha Krishna Temple at Sonpur on her own volition and she has neither been kidnapped nor she has been abducted.

She expressed her desire to reside in her matrimonial home. The court assessed the age of victim girl to be 16 years, however, she had stated herself to be of 19 years.

Significantly, according to a certificate issued by Bihar School Examination, she has completed 17 years and is on verge of attaining majority.

Matter before the Court

The petitioner challenged the order passed by Judicial Magistrate, by which she has been sent to Remand Home and she assailed her detention in Remand Home, however, in her petition, no order was enclosed (passed by the ACJM) by which, she has been sent to Remand Home.

To this, the Court said,

"As such, this Court is not in a position to know the reasons which prevailed upon the ACJM, recording her statement, to sent petitioner to Remand Home."

Further, the Court observed,

"This Court in several cases of similar nature has held that if by judicial order, a girl has been sent to Remand Home treating her to be minor, then her stay in Remand Home cannot be said to be unlawful confinement/detention and as such, habeas corpus petition is not maintainable and the petitioner can approach this Court challenging the order passed by the Judicial Magistrate by filing criminal writ petition or quashing/revision petition impugning order passed by the Judicial Magistrate."

Consequently, the habeas corpus petition filed by the Petitioner was dismissed by the High Court as being not maintainable with the liberty to petitioner to challenge the order passed by the Judicial Magistrate by which, she has been sent to Remand Home treating her to be minor and also permit her to go as per her choice and wish as major.

With aforesaid observation and liberty, writ petition was disposed of.