Anant Bijay Singh, J. - (1.) 10.02.2017, a report was called for from the CJM, Hazaribagh as to under what provisions of law, he has handed over the custody of the child under the care and protection of his mother ignoring the provisions of Juvenile Justice Act.
(2.) A report dated 07.03.2017 submitted by Garima Mishra, Chief Judicial Magistrate, Hazaribag has been received.
(3.) Report reveals that statement of victim, aged about 6 years, was recorded under Section 164 of the Cr.P.C., in which he has said that he wants to go to home with his mother and on the same day, his mother Jannati Khatoon has also stated that she wants to take her son with her. Report further reveals that mother of victim has not engaged him in domestic work in the house of Farooque Hassan for earning money, rather she had sent him to her sister. Further, as per Child Welfare Committee, there is no any separate infrastructure at Hazaribagh, so they used to keep the orphan children in Orphanage Home, Barhi, Hazaribag and victim girls in Nari Niketan, Ranchi.;