Nandani Kumari vs State Of Bihar

Heard Mr. Diwakar Prasad Singh, learned counsel for the petitioner and Mr. Prabhu Narayan Sharma, learned Additional Public Prosecutor for the

State via video conferencing.

The petitioner has filed the instant writ petition for issuance of a direction to the respondent to set the petitioner at liberty as her confinement in

Balika Grih, Begusarai is illegal.

On query, learned counsel for the petitioner submitted that the petitioner has been sent to Balika Grih, Begusarai pursuant to an order passed by the

court of ACJM-XII, Muzaffarpur East. He submitted that the petitioner has filed an application before the court of ACJM-XII, Muzaffarpur (East) for

her release on 14th of December, 2020 on the ground that she has completed the age of 18 years and, therefore, she be set at liberty to go to the place

of her own choice. He submitted that since the date of filing of the application, the learned Magistrate has heard the counsel for the petitioner on

several dates, but no order is being passed.

Mr. Prabhu Narayan Sharma, learned Additional Public Prosecutor for the State submitted that since the petitioner has been sent to Balika Grih

pursuant to judicial order passed by the court of Magistrate in connection with Sakra P.S. Case No. 506 of 2018, an application under habeas corpus

would not be maintainable.

Be that as it may, since the petitioner has confined her prayer for a direction to the court below to dispose of her application for release dated 14th

of December, 2020 and is not pressing the habeas corpus writ petition, the application is disposed of with a direction to the learned ACJM-XII,

Muzaffarpur (East) to hear the parties on the application filed by the petitioner within two weeks from the date of receipt/production of a copy of

this order. He is also directed to dispose of the application filed on behalf of the petitioner on merits positively within three weeks from today.