JUDGMENT 1. All these petitions are being decided by a common order as the subject matter for the decision is common in all the three petitions. Vide order dated 15.01.96, S.B. Criminal Petition No. 1586/93 and S.B. Criminal Misc. Petition No. 13/94 were ordered to be tagged with Habeas Corpus Petition No. 2544/95. In this way, all these petitions came to be heard together. 2. The dispute relates to the custody of a minor girl, namely, Raj Kumari alias Rajni. The petitioner Mehar Chand in D.B. Habeas Corpus Petition No. 2544/95 and S.B. Criminal Misc. Petition No. 1586/95 is seeking custody of the girl claiming himself to be her father. On the other hand, Mst. Mona in S.B. Criminal Misc. Petition No. 13/94 is claiming custody of the girl stating that she is her mother. 3. The case of the petitioner Mehar Chand is that his daughter Kumari Rajni was kidnapped by some one on 20th August 1986 when she was only 21/2 yeas old. A First information Report (FIR) bearing No. 322/86 was registered at Police Station, Kalka Ji New Delhi U/s 368 IPC. On his report, the police was trying to recover the girl, but she was not traceable as per the entries made in the case diary. That in first week of September 1993 or October 1993, Kumari Rajni was recovered by the Rajasthan Police along with two other minor girls, namely, Kumari Chandra Kanta and Kumari Sangeetha and photographs of all the three girls were published in newspaper. Mehar Chand's brother who lives in Jaipur, after seeing photographs intimated about the recovery of his daughter Kumari Rajni. The petitioner and his wife then moved an application before the learned Addl. Munsiff and Judicial Magistrate for the custody of the girl. According to the petitioner, Mehar Chand, the blood group of the girl was directed to be compared with that of the petitioner and his wife by the Forensic Science Laboratory (FSL) Jaipur to ascertain the parentage of Kumari Rajni. As per the report of the F.S.L., the blood group of Kumari Rajni tallied with the petitioner and his wife. A similar application for custody of the girl was made by Smt. Mona. The learned Magistrate vide order dated, 8.12.93 rejected the application filed by the petitioner Mehar Chand and his wife Smt. Bhagwani. The petition filed by Smt. Mona was rejected on 8.11.94. The Criminal Misc. A similar application for custody of the girl was made by Smt. Mona. The learned Magistrate vide order dated, 8.12.93 rejected the application filed by the petitioner Mehar Chand and his wife Smt. Bhagwani. The petition filed by Smt. Mona was rejected on 8.11.94. The Criminal Misc. Petition No. 1586/93 has been filed by Mehar Chand and his wife, while S.B. Criminal Misc. Petition No. 13/94 has been filed by Mst. Mona being aggrieved against the aforesaid orders. 4. In Habeas Corpus Petition, Mehar Chand has further stated that on 17.5.95, he went to `Shishu Bal Grah, Gandhi Nagar, Jaipur, where Kumari Rajni was posted. On going there, he was surprised to know that she was missing from there. The petitioner therefore, requested to the Superintendent of Shishu Bal Grah to lodge a report at Police Station, Bajaj Nagar. In the Habeas Corpus Petition similar prayer has been made by the petitioner Mehar Chand to trace out his daughter and be given in his custody. 5. Subsequently, the girl was traced out and she was produced before this Court. Vide order dated 16.12.95 this Court ordered to keep her in Bal Shishu Grah, Gandhi Nagar, Jaipur till further order. On 1.3.96 after hearing learned counsel for Mehar Chand and his wife, learned counsel for Mst. Mona, learned Public Prosecutor Shri Yadav, Police Personnel and keeping in view the rival claims of the parties, the following order was passed by this Court: (i) Kumari Rajni be kept in Shishu Bal Grah, Jaipur in safe custody till further orders of this Court; (ii) The Superintendent, Shishu Bal Grah, Gandhi Nagar, Jaipur, shall permit petitioners Shri Mehar Chand and Smt. Bhagwani as also Smt. Mona to talk to Kumari Rajni Separately only once on different dates. Each interview shall not exceed one hour. During the interview some responsible staff member of Shishu Bal Grah shall be present to ensure that Kumari Rajni is not intimidated or lured by any of these persons. (iii) The Superintendent of Police, C.I.D. (C.B.) Jaipur is directed to contact the Director of the Centre for Cellular and Molecular Biology, Hyderabad and to fix up a date for getting the gene test. He will depute a responsible Officer not below the rank of Dy. S.P, who will inform the petitioners and Smt. Mona about the date of test so fixed and take them and Kr. He will depute a responsible Officer not below the rank of Dy. S.P, who will inform the petitioners and Smt. Mona about the date of test so fixed and take them and Kr. Rajni from Jaipur and produce them before the Director, Centre for Cellular and Molecular Biology, Hyderabad for their gene test to determine as to whether Sh. Mehar Chand and Smt. Bhagwani Devi are the parents of Kr. Rajni or whether Smt. Mona is the mother of Kr. Rajni and to submit the report of genes test in the Court on the next date; (iv) The expenses of genes test shall be borne by the State Government. Put up on 10th April 1996 for orders. A copy of this order be sent to S.P.C.I.D. (C.B.) Jaipur and Superintendent, Shishu Bal Grah, Jaipur for compliance." 6. After receipt of the report of DNA test from the Centre for DNA Finger-printing and Diagnostics, Hyderabad, the same has been placed on record by the learned Government Advocate on 1.8.96. The conclusions of the test as given in the report areas under: "The above tests prove beyond any reasonable doubt that: (1) Shri Maher Chand (source of exhibit C) and Smt. Bhagwani Devi (source of exhibit A) are the biological parents of Kumari Rajni (source of exhibit B). (2) Smt. Mona (source of exhibit D) is not biologically related to the disputed child Kumari Rajni (source of exhibit B)." The matter was again heard on merits. Mr. Shyam Arya, appearing for the petitioner Mehar Chand, contended that after the report of DNA test, the petitioner Mehar Chand and his wife are entitled to get custody of the girl. On the other hand, Mr. Narendra Jain appearing for Mst. Mona, contended that DNA test is only an opinion of an expert and the custody of the girl be not given to any person. 7. After considering the rival contents made by the learned counsel on either side and taking into consideration all the facts and circumstances, including the DNA test report, we are of the confirmed view that the custody of the minor girl Kumari Rajni be given to the petitioner Mehar Chand.Consequently, D.B. Habeas Corpus Petition No. 2544/95 and S.B. Criminal Miscellaneous Petition No. 1586/93 are allowed and the impugned order of the learned Magistrate dated, 8th December 1993 is set aside. However, S.B. Criminal Miscellaneous Petition No. 13/94 filed by Mst. However, S.B. Criminal Miscellaneous Petition No. 13/94 filed by Mst. Mona is dismissed and following order is passed: (i) That the custody of Kr. Rajni, who is now posted in Shishu Bal Grah, Gandhi Nagar, Jaipur shall be given to the petitioner Mehar Chand on his executing a personal bond in the sum of Rs. 20,000/- with two sureties in the sum of Rs. 10,000/- each to the satisfaction of the Dy. Registrar (Judl.) with the stipulation that the said girl shall be produced in the concerned Court or before the I.O. as and when so directed. (ii) On taking custody of the girl, the petitioner Mehar Chand shall take proper care of the health and education of Kr. Rajni. (iii) The petitioner Mehar Chand shall give in writing his permanent address and shall also file before the Dy. Registrar (Judl.) his permanent address and telephone number, if any, If the said address is changed later-on, intimation about the same shall be given to the Dy. Registrar (Judl.) of this High Court as the as the Police Station, Banetha, district Tonk and also to the Addl. Munsiff and Judicial Magistrate, Tonk. (iv) The Dy. Registrar (Judl.) is directed to see that the aforesaid order is complied with. If necessary, he shall also provide Police protection to the petitioner Mehar Chand for taking the girl Kr. Rajni at his residence. All the three petitions stand disposed of as indicated above.Petition No. 2544 of 1995 accepted. *******