JUDGMENT :

RAJEEV RANJAN PRASAD, J.

The petitioner in the present writ application prays for her release from the After Care Home/Remand Home, Gaighat, Patna City, Patna. She has claimed her release mainly on the ground that she is major. The petitioner is looking for her release to enable her to settle in life.

2. The writ petitioner has disclosed that her own father and mother died. Her step father and mother wanted to sell her, so she left her house on 10.11.2011 and reached Kishanganj. A man, whose name has been disclosed in the writ application, wanted to marry her but she raised an alarm, he was booked and sent to jail and the petitioner was sent to the Remand Home, Kishanganj because no one was ready to keep her in his house.

3. She further narrates that she travelled several Remand Homes from Kishanganj to Araria and then finally she was transferred to Remand Home, Patna City on 10.07.2020, since then she is in Gaighat Patna City, Patna. She has expressed her desire to marry and live a proper life.

4. In the writ application though it is stated that she has married to the deponent but in course of the court proceeding it has transpired that she has yet not married with the deponent but she certainly desires to marry him.

5. On the previous dates, after noticing the case of the petitioner, this Court decided to interact with the deponent in order to know his identity and the genuineness of his claim that he knows the petitioner. We, accordingly, directed Mr. Upendra Kumar Singh, learned counsel for the petitioner to make the deponent of the case, namely, Mr. Shravan Kumar appear before the Court. On 24.02.2022 the matter was kept in the Chambers. Mr. Shrawn Kumar, who is deponent of the writ application, appeared in person and after interacting with him, this Court recorded the following order:-

“Heard Mr. Upendra Kumar Singh, learned counsel for the petitioner and Mr. Prabhu Narayan Sharma, learned AC to learned AG for the respondent.

Mr. Shravan Kumar, who is the deponent of the writ application is also present in person and we have interacted with him.

The background in which the present writ application has been moved is briefly stated in our order dated 26.11.2021. In order to satisfy ourselves with the averments made in the writ petition, vide order dated 23.12.2021, we directed the deponent of the writ application to be present in person.

Mr. Shravan Kumar, who is the deponent has made statement in presence of the learned counsel for the petitioner as well as learned AC to learned AG, which are briefly recorded hereinafter.

According to the deponent, he is the only son of one Upendra Ram of village-Saraiya, P.O.-Saraiya, P.S.-Bounsi, District-Banka. His father is working as a mason at Delhi. The deponent has got five sisters out of whom three who are elder to him are married whereas two others, who are younger sisters, are unmarried. In the childhood, he had gone with his father to stay at Delhi for sometime, but after sometime he came to Kishanganj with someone, whose name he does not remember at this stage. At Kishanganj, he was earning the livelihood by selling fruits in the campus of Kishanganj Hospital where he claims to have met the petitioner, who used to come there for her treatment. The deponent has further informed that over the period he developed relationship with the petitioner, but after sometime the petitioner was transferred to Remand Home at Patna. For last one and a half years, the deponent is residing at Patna and somehow he went to the Remand Home at Gaighat, Patna in search of the petitioner and thereafter having come to know that the petitioner is staying there in the remand home and she has become major and further that the petitioner wants to marry with him, he decided to file the present writ application for her release.

In presence of learned counsel for the petitioner and learned AC to learned AG, he has categorically stated that till date, no marriage has been performed between the petitioner and