BIJAY KUMAR PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed this writ application challenging the order passed by the Chairperson of the Child Welfare Committee constituted under the provisions of the Juvenile Justice (Care and Protection) of Children Act, 2000. By the said order dated 8.8.2006, the Chairperson has released the daughter of petitioner named Priyanka Prachi to the custody of her alleged elder brother-in-law solely on the ground of medical report showing the age of the girl to be 18/19 years old. In view of the delicacy of the situation, this Court issued notice to the respondents and they have filed counter-affidavit. Counter-affidavit has also been filed on behalf of the Chairperson of the Child Welfare Committee whose order and action is under challenge.

(2.) Heard Shri N.K. Agarwal, learned Senior Counsel in support of the application and Shri Shashank Shekhar, learned counsel appearing for the respondent-Chairperson, Child Welfare Committee and the counsel for the State and with their consent, this application is being disposed of at the stage of admission itself.

(3.) The facts are not in dispute. The girl in question Priyanka Prachi is undisputedly the daughter of the petitioner. On 13.7.2006, it is alleged by the petitioner that her daughter was kidnapped by some persons. According to the petitioner, the girl in question is about 15 years of age as would be evident from the Admit Card of the girl for examination of Class-VIII on which she has also put her signature. Her date of birth as shown there is 18.5.1991. On the girl being recovered, she was produced in the Court of learned Sub-divisional Judicial Magistrate, Biraul at Benipur. He ordered that her age be determined medically by a Medical Board. In the meantime, there being several conflicting claimants claiming her custody, he directed that the girl be produced before Child Welfare Committee for orders regarding determination of her age and for her care and protection. It was informed to him that such a committee is only at Patna. Accordingly, the said girl was directed to be taken to Patna and handed over to the said Committee for care and protection. Accordingly, the daughter of the petitioner was sent to Patna and put up in the State After Care Home at Gaighat, Patna where she arrived on or about 19.7.2006 and on the same day, she was produced before the Child Welfare Committee, Patna. It appears that the said Committee was informed that medical report was awaited and, as such, no further action was taken and the girl was detained in the State After Care Home at Gaighat. On 18.7.2006, an Assistant Professor of Department of Forensic Science, Darbhanga Medical College, Laheriasarai submitted his opinion after examination of the girl in question putting her age to be between 18 and 19 years. This report was then forwarded by the learned Sub-divisional Judicial Magistrate to the Superintendent, Child Welfare Committee, Patna by his letter dated 4th August, 2006. On 8th August, 2006, the Superintendent of State After Care Home, Gaighat forwarded the girl in question to the Chairperson of the Child Welfare Committee, Patna along with the medical report in question stating that the girl had been in their custody since 19.7.2006 and was to be produced along with the medical report which had been received vide letter dated 4.8.2006.