JUDGMENT

Ashwani Kumar Singh, J. - In the present writ petition, the petitioner has prayed for issuance of a writ in the nature of habeas corpus for release of one PK and her son aged about five months.

2. The petitioner claims herself to be the mother-in-law of the aforesaid PK.

3. The mother of the aforesaid PK namely, SD submitted a written report on 06.09.2019 to the Officer-in-charge of Kamtoul Police Station, Darbhanga wherein she stated that when her minor daughter aged about 13 years, a student of class-VIII, had gone out of her house to attend the call of nature, her co-villagers, namely, Birendra Kumar Sahni, Govind Sahni, Ganesh Sahni and Wakil Sahni forcibly abducted her. They took her on a motorcycle to some unknown place. She raised apprehension that the aforesaid persons may push her daughter in immoral activity or kill her.

4. On the basis of the aforesaid written report, Kamtoul PS. Case No. 133 of 2019 dated 06.09.2019 was registered under Section 366-A read with 34 of the Indian Penal Code and Sections 4 and 8 of the Protection of Children from Sexual Offences Act against Birendra Kumar Sahni, Govind Sahni, Ganesh Sahni and Wakil Sahni and investigation was taken up.

5. Upon recovery of the victim, the investigating officer filed a petition for recording her statement under Section 164 of the Code of Criminal Procedure (for short 'CrPC'). Pursuant to the application of the investigating officer, the statement of the victim was recorded on 12th August, 2020 by the jurisdictional Magistrate. Before the learned Magistrate, the victim disclosed her age to be 20 years. She stated that out of her own sweet will, she had left her house on 03.09.2019 and got married in a temple at Himachal Pradesh with Birendra Kumar Sahni. She stated that she wanted to live with her husband and her parents had instituted a false case.

6. It is submitted by Mr. Vinay Kumar Mishra, learned counsel for the petitioner that after recording the statement of the victim, the victim was sent for medical examination to Darbhanga Medical College and Hospital, Darbhanga. It is submitted that on receipt of the medical report, the learned Jurisdictional Magistrate sent the victim to the Balika Grih, Madhubani. It is contended that pursuant to the aforesaid judicial order passed by the learned Jurisdictional Magistrate, the victim is being kept with her five month old child in the Balika Grih at Madhubani. He contended that the continued placement of the victim and her child in the Balika Grih amounts to illegal detention.

7. Opposing the application filed on behalf of the petitioner, Mr. Prabhu Narayan Sharma, learned counsel for the State submitted that the instant writ petition is not maintainable in view of the fact that the alleged victim and her child are placed in the Balika Grih pursuant to a judicial order passed by a Judicial Magistrate of competent jurisdiction. He contended that a judicial order passed by a competent court cannot be set aside or assailed in a writ in the nature of habeas corpus. He contended that even if the order is illegal, the validity and correctness of the order cannot be tested in writ jurisdiction. He contended that the aggrieved party may seek remedy against an illegal order by filing an appropriate petition before the competent revisional or appellate court under the statutory provisions of law. In support of his submission, he has placed reliance on the ratio laid down by this Court in Shikha Kumari vs. The State of Bihar through Principal Secretary, Home (Police) Department and Ors. [2020 (1) PLJR 15].

8. We have heard learned counsel for the parties and carefully perused the record.

9. The Latin phrase 'habeas corpus" means literally that "you", that is, the person with custody over the prisoner must "have the body" of the prisoner produced in the court at the place and time order by a Judge. The writ of habas corpus provides individuals with protection against arbitrary and wrongful imprisonment.

10. The meaning of