Considering the submissions advanced by learned counsel for the parties and taking into account the fact that as per the statement of the corpus-petitioner, she voluntarily gone with Sameer Ahmad @ Salman and further she is major girl as her date of birth is 13.11.1999 which has not been disputed by learned counsel for respondent no. 4 and from a perusal of the order passed by Ist Additional Session Judge, Siddharth Nagar dated 3.1.2018 it appears that the mother of the corpuspetitioner has also moved an application for seeking her custody but she refused to go with her but as the corpuspetitioner belong to another community and there was possibility of communal tension in the district the the Magistrate sent the corpus-petitioner to Nari Niketan. As the corpus-petitioner is a major girl and in her statement recorded under section 164 Cr.P.C. she has not alleged anything against Sameer Ahmad @ Salman, who has already got himself bailed out in the F.I.R. which was lodged by respondent no. 4, with whom she expressed her desire to go, the corpus-petitioner is set at liberty to go in accordance with her own wishes. The impugned order dated 26.10.2017 and 03.01.2018 passed by court below sending the corpus-petitioner in Nari Niketan is hereby set aside.
