MAMTA MISRA @ AMNA KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard parties including the intervenors and have perused the records of this case.

(2.) This writ application has been filed on behalf of the petitioner for her release from the After Care Home, Gaighat, Patna as her confinement is illegal.

(3.) Counter affidavits have been filed on behalf of different State authorities including the Superintendent of Government Remand Home, Gaighat. It emerges out from the pleadings of the respective parties that the petitioner, while staying at Daudnagar, Aurangabad, developed interest in Islam and, thereafter, embraced Islam. It is claimed by the petitioner that, thereafter, her family members including the husband and her father started putting difficulties in her life and they tried to depict her as mentally ill. For that purpose false certificates were prepared. However, she requested the District Magistrate to provide her safety and protection. On such application having been filed, she was initially kept at Remand Home, Arwal and therefrom she was shifted to Aurangabad and from Aurangabad, she was shifted to After Care Home, Gaighat, Patna. It also appears that a Medical Board was constituted which opined that though the girl is physically fit, however, for her mental condition, she should be referred to some superior institution and should also be provided counselings. It is surprising as to why such statement was made in the Medical Report as there is no final finding that she was either mentally ill or suffering from depression. Be that as it may, the petitioner was sent to After Care Home, Gaighat on 13.09.2014 and since then, she is staying there. In the meantime, a Medical Report has come that she is physically and mentally fit and, hence, she has filed this writ application for her release.