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1989 DIGILAW 194 (PAT)

Kumari Rashmi Singh v. State of Bihar

1989-05-10

B.K.ROY, P.S.MISHRA

body1989
JUDGMENT A letter addressed to the Hon'ble the Chief Justice by the petitioner has been placed, treating the same as an application for writ in the nature of habeas corpus limited to the allegations made in the letter that she has been kept in confinement against her will by her parents in their house on 33 C(C) Peoples Co-operative Colony, Kankarbagh. Whether her further prayer shall be of any relevancy except for the purpose of noticing the case for her wrongful confinement or not, shall be considered at a later stage on the appearance of the petitioner. 2. Let notice issue to Kumar Bhupendra Singh at 33C(C) Peoples' Co-operative Colony, Kankarbagh to show cause, if any, as to why he be not restrained from interfering with the freedom and liberty of the petitioner. Let a direction forthwith issue to the Senior Superintendent of Police, Patna to rescue the girl from the alleged wrongful confinement at the aforementioned address and produce her in person in Court on 15th May, 1989. 3. Let a copy of this order be handed over to Mr. Lala Kailash Bihari Prasad, learned counsel for the State for the needful. Mr. Ashok Priyadarshi, learned Advocate is a Hawed to appear for the petitioner as amicus curiae. 4. Order dated 15.5.1989.- The letter received by this Court, which forms the basis of the present proceeding, is shown to the girl. She states that it is in her pen and sent by her to the Court. The address' at which, according to the allegations in the letter, she has been detained by her parents, is also in her pen. The letter is marked Exhibit'1' the Hindi writing is marked Ext. 1/1 and the English writing is marked Ext. 1/2. 5. Kumari Rashmi Singh's statement before the Court. I am student in 10+2 (Ten-plus-two) in Bankipur Girls High School, Patna. 22.2.1971 is my date of birth. Put up on 25th of May, 1989 or which date, as directed hereinafter the petitioner shall be produced in Court by her mother, Smt. Neelam Singh, who is present in Court. The Civil Surgeon, Patna is directed to examine the petitioner and submit a report to this Court about her age if necessary after obtaining necessary clinical data from the experts in the Patna Medical College & Hospital. The Civil Surgeon, Patna is directed to examine the petitioner and submit a report to this Court about her age if necessary after obtaining necessary clinical data from the experts in the Patna Medical College & Hospital. For the said purpose we direct Smt. Neelam Singh, the mother of the girl, to produce the petitioner before the Civil Surgeon, Patna on or before 19th May, 1989, on which date the Civil Surgeon may examine the petitioner, as ordered above, and/or examine on such other date as he may fix for the purpose of clinical examination of the girl and after such examination, send a report so as to reach this Court on or before 25.5.1989. 6. Further order, as to the custody or otherwise of the petitioner, shall be passed after the receipt of the report of the Civil Surgeon, Patna about the age of the petitioner. 7. A person named Rakesh Kumar is also present ill Court. The petitioner has claimed in the letter addressed to the Court that she intended to marry Rakesh Kumar. Her parents have been interfering and were keeping her in wrongful confinement. 8. This Court cannot, exercising its jurisdiction under Article 226 of the Constitution of India direct for any marriage to be solemnised between the petitioner on the one hand and Rakesh Kumar on the other, but in case it is satisfied that the petitioner's parents have been interfering with her liberty, it can direct for such refrain as it may deem fit and proper. 9. We do not propose at this stage to dilate beyond recording the relevant statements of the petitioner and directing for her medical examination Any order that we may make in this behalf shall come only after a report about the age of the girl is received. While keeping in custody, however, the mother of the petitioner shall not in any manner exercise any coercion and undue influence etc. and shall be solely responsible for any injury or damage, either to the life or liberty to the petitioner. Let a copy of this order be handed over to the mother of the petitioner, which she may prod lice before the Civil Surgeon, Patna on or before the aforementioned date and get the petitioner medically examined. 10. Order dated 25.5.1989.-Heard. It appears that our order dated 15.5.1989 has not been complied with. Let a copy of this order be handed over to the mother of the petitioner, which she may prod lice before the Civil Surgeon, Patna on or before the aforementioned date and get the petitioner medically examined. 10. Order dated 25.5.1989.-Heard. It appears that our order dated 15.5.1989 has not been complied with. We do not propose to go into the reasons thereof. We, however, feel it necessary before proceeding with the matter as to whether the petitioner Kumari Rashmi Singh has been in any manner detained or her freedom has been interfered with by her parents or not, only after getting her medically examined for determination of her age. We, accordingly, direct the Civil Surgeon, Patna, to get a Medical Board constituted forthwith and the petitioner-Kumari Rashmi Singh examined by the said Board with reference to all relevant tests including ossification of bone for determination of age, prepare a report and send the same to this Court so as to reach on or before 29.5.1989. Let Joint Registrar (Judicial) arrange for escort and removal of the petitioner to the office of the Civil Surgeon, Patna, for compliance of our order. No person either connected with the family of the petitioner or the family of Rakesh Kumar, referred to in the letter, forming the basis of this proceeding, shall be allowed either to accompany the petitioner or to meet her until the medical examination is over. After the medical examination the petitioner shall be delivered in the custody of her parents, Smt. Neelam Singh and Kumar Bhupendra Singh, who are present in Court, who shall produce the petitioner again On 29.5.1989, before the Court. 11. Order dated 29.5.1989.-Rakesh Kumar is present in Court, although he is not a party to the proceeding. It shows that he has been, chasing the girl and not permitting her to act of her own free will. This has come to our notice that he has been teaching the girl since long, when she was a class VI student and a minor and ever since he was in a position to influence her mind. 12. Some controversy has arisen on the question of the age of the petitioner. The girl has herself disclosed her age to be just marginal above IX years. Her father has shown cause and stated that she is still about 17 years old. 12. Some controversy has arisen on the question of the age of the petitioner. The girl has herself disclosed her age to be just marginal above IX years. Her father has shown cause and stated that she is still about 17 years old. He has also appended some documents to support his statement. But Rakesh Kumar has insisted that the petitioner is much more than 18 years of age as disclosed by her. He also has stated that he is about 33 years, but in the show cause filed by the father, he is said to be about 38 years old. 13. It is not possible at this stage, without there being a deeper consideration, to come to a conclusion, whether the girl has become of her age of consent and whether she has consented to live away from her parents and marry Rakesh Kumar of her own free will. 14. For the reasons, aforementioned we are of the view that this application should be heard by a Division Bench. This application, accordingly, will be heard. No notice, however, need issue to any of the opposite party as they have already entered appearance. 15. We however, order hereby that there can be no better custody of the petitioner than the custody of the parents who undertake to maintain the girl without causing any fear or without in any manner ill treating her. To ensure, however, that the petitioner is not being ill treated by the parents, we further order that the Senior Superintendent of Police, Patna shall send a responsible officer on every Saturday during the pendency of this application to meet the petitioner and the parents and obtain information on the subject as to whether the petitioner has ever been ill-treated by her parents or not- and report to this Court, if there is any information as to ill-treatment meted out to her by her parents. 16. The parents of the petitioner shall be free to restrain Rakesh Kumar or any body representing Rakesh Kumar from meeting the petitioner until further order. The rule is made returnable on 16.8.1989.