KHUSHI KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been preferred by the victim girl who is claiming that she has attained majority. The victim girl has been kept in the Remand Home at Gaighat, Patna City since 20.03.2020 in connection with Barh P.S. Case No. 57/2020 registered under Sec. 363, 366(A) of the Indian Penal Code.

(2.) On perusal of the records, it appears that the father of the victim girl had lodged the First Information Report alleging that his daughter was seen being taken away by the accused on a motorcycle. The allegation was that when he sent his maternal brother to the house of the boy to get back his daughter, father of the boy told him that the girl would not be sent back and that they will keep her. The Police recovered the victim girl and brought her before the learned Judicial Magistrate for recording her statement under Sec. 164 Cr.P.C. A copy of the statement under Sec. 164 Cr.P.C. is placed on the record as Annexure '2'. Perusal of Annexure '2' would show that the victim girl claims to have left her house on her own because her parents wanted to get her married with someone else. She did not want to go with her parents. She expressed her desire to go to the house of her maternal grand-mother. The learned Additional Chief Judicial Magistrate vide his order dated 20.03.2020, after recording the statement of the victim girl sent her to the observation home at Gaighat, Patnacity.

(3.) On perusal of the order dated 20/03/2020, this Court finds that in the Court of learned Magistrate the victim girl claimed that she was 18 years old, but the learned Magistrate assessed her age as 17 years. Without considering the request of the victim girl to allow her to live with her maternal grandmother, the learned Magistrate sent her to the Observation Home. Since then she is there.