- (1.) DURING the visit of the Chief Justice to Deoghar on 30th April, 2005, he had occasion to visit Naari Niketan, where he came across the case of a young girl named Rupa Kumari, who complained that she had been detained in the Remand Home for several years and had not been produced before the Court during that said period. On the basis of her complaint, records of her Case No. 469/C of 1998 were called for and it was found that she had been apprehended on 26th July, 1998 from a platform of Patna Railway Junction for her failure to purchase a platform ticket. Having been found guilty by the Railway Magistrate, she was directed to pay a fine of Rs. 300.00 and in default of payment, to undergo imprisonment of a period of nine days. Since, she was unable to pay the fine, she was taken to Naari Niketan and detained there ever since. The last order passed by the Railway Magistrate in her case was on 1st September, 1998 directing the Superintendent of Remand Home to hand her over to her parents on proper identification.
(2.) AFTER service of notice on the States of Jharkhand and Bihar, the learned Advocate General appeared for the State of Jharkhand and Mr. A. Allam appeared for the State of Bihar. When the matter was taken up on 5th July 2005, both the States of Bihar and Jharkhand were directed to file their respective affidavits indicating the reasons for failure on the part of the authorities of both the States to contact the child 'sparents so as to make over the custody of the minor girl to her parents. In the event Rupa Kumari had attained majority, she was to be given the option to either stay at the Remand Home or to leave according to her choice. The matter subsequently appeared before us on 19th July, 2005 when the State of Jharkhand filed an affidavit indicating that Rupa Kumari had been taken to Assam on 17th July, 2005 in an attempt to hand her over to her family members. The State of Jharkhand was directed to file further affidavit to the follow up action taken while the State of Bihar was directed to complete its affidavit in the meantime.
(3.) ON 3rd August, 2005, the affidavits filed by the State of Bihar and the State of Jharkhand were placed before the Court and from the affidavit affirmed on behalf of the State of Jharkhand, it is seen that Rupa Kumari was not the real name of the girl and that her real name is Anita Majumdar and her elder brother is one Ashok Majumdar. It also appears, from the affidavit that she was handed over to the custody of Sri Ashok Majumdar and both the said Ashok Majumdar and Anita Majumdar alias Rupa Kumari as also the Officer Incharge, Golaghat P.S. recorded such fact on 2nd July, 2005.;