MADHUMITA SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner seeks her release from After Care Home, Gulzarbagh, Patna where she has been lodged in connection with Agam Kuan (Sultanganj) P.S. Case No. 98 of 1993. The aforesaid case was instituted under Sections 363, 366-A and 212, Indian Penal Code at the instance 9f her brother, respondent No. 4 herein, against Faiyz Ansari, Abbas Ansari and others alleging that the petitioner was kidnapped by them for immoral purposes on 28.3.1993. She was apprehended along with the said two accused persons on 29.3.1993 and sent to the After Care Home.

(2.) The petitioner claims to be major as per the date of birth mentioned in the matriculation certificate, namely, 24.3.1974. She further claims to have married Faiyaz Ansari of her own accord with whom she wants to live. This, according to her, was being objected to by her parents and in the circumstances, she voluntarily left her parents house.

(3.) Notice of the application was given to Rajiv Kumar. Affidavits have been filed on behalf of the parties including the State of Bihar.