Rita Devi v. The State of Jharkhand & Ors.

On the basis of the said averment in the writ petition, the State respondents were directed to produce the girl.

In compliance of the direction of this Court, the girl-Madhu Kumari @ Kajal Kumari has been produced before this Court by Patratu police today.

An affidavit has also been filed on behalf of the State respondents, stating, inter alia, that they have recovered the victim girl from village Dadikala. In course of investigation, certificate from Government Middle School, Sankul has been obtained and the school register was examined. In the school register, her name is recorded as Kajal Kumari and as per the entry made in the register and certificate issued by the Headmaster of the school, her date of birth is 2nd October, 1998. The said girl was recovered and produced before learned Judicial Magistrate, 1st Class, Hazaribagh on 15th October, 2013. In her statement under Section 164 Cr.P.C. recorded by learned Judicial Magistrate, 1st Class, Hazaribagh, the girl has claimed -2- to be aged 20 years. Learned Magistrate has also assessed her age as 20 years. In her statement, she had stated that she had voluntarily gone with Shamim Ansari and married with him. A male child is born out of the wedlock, who is aged about six months. She has also volunteered that she wants to live with her husband-Shamim Ansari and her-in-laws.

On the other hand, the petitioner claimed that she is mother of the girl-Madhu Kumari @ Kajal Kumari and that she is minor. She also alleged that the girl has been kidnapped by said Shamim Ansari and she is being kept under illegal confinement by him.

We enquired from the girl regarding her age and claim of her mother. She almost repeated the aforesaid version. She also stated before this Court that the petitioner is not her mother.

It has been admitted by both the parties that an F.I.R. alleging kidnapping of the said girl against Shamim Ansari and others was lodged and the case is pending in the court of learned Judicial Magistrate, 1st Class, Hazaribagh.

Mr. Binod Singh, learned counsel, appearing on behalf of the petitioner, submitted that the mother of the girl (petitioner herein) is present in the court and she is stunned by the statement made by her daughter in the Court. Learned counsel submitted that though she is in police custody, she is under the influence of the accused persons and her statement is not free and voluntary.

Learned counsel submitted that the controversies arising out of the versions of the petitioner and her daughters give rise to the factual disputes and the petitioner shall approach the appropriate Court for adjudication and decision of the said disputes.

Learned counsel for the petitioner for that purpose seeks permission to withdraw this writ petition with a liberty to approach the competent court for adjudication of said disputes.

Learned counsel appearing on behalf of the State respondents has no objection to the said prayer. -3-