Sonu Bharti and Another vs State of U.P. and 2 Others

The Chief Medical Officer, Prayagraj has submitted a report in a sealed cover. It has been opened under our orders by the Bench Secretary. It is a report of the Medical Board, based on an ossification test relating to the prosecutrix. On the basis of the ossification test and the dental structure evaluation, the prosecutrix has been opined by the Medical Board, through the report dated 15.05.2026, to be aged above sixteen years and below seventeen years. She is, therefore, decidedly a minor. The aforesaid report, along with X-Ray plates, shall be retained on record and made part of it.

¶11

The prosecutrix, being a minor, cannot be allowed to stay with her husband. However, in order to ascertain her wish, where she wants to stay, we have spoken to her. Her stand has been recorded viva voce thus:

¶12

" प्रश्न : देिखये आप बािलग़ नहीं हैं हम मान लेते हैं की आप सत्रह साल की हैं आप कहाँ रहना चाहती हैं ?

¶13

उत्तर : मैं लड़के के घर जाना चाहती हूँ ।

¶14

प्रश्न : आप या तो घर पे रह सकती हैं या सरकारी बािलका गृह में अब बताइये आप कहाँ रहना चाहती हैं ?

¶15

उत्तर : मैं बाल गृह में रहना चाहती हूँ । "

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CRLP No. 7781 of 2026

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¶18

Going by the medico-legal report, we assume that the prosecutrix is aged seventeen years as on date because there is no basis on record of her age; it is an estimation. Since she has been opined to be between sixteen years and below seventeen years, we assume her to be seventeen years old as on date. She cannot, therefore, be permitted to go and live with the first petitioner, Sonu Bharti, as on date. She is not ready to stay with her parents because she fears for her life and says that she was thrown out of their home.

¶19

In the circumstances, we are of opinion that the petitioner should be housed in the Rajkiya Bal Griha, Balika, Ram Nagar, Varanasi (for short, Bal Griha) for a period of one year from today and will be free to go and leave the home on 18.05.2027, which will be recorded as the date of her majority. On the said date, she will be free to go wherever she likes and stay with whomsoever she wants, including the first petitioner, Sonu Bharti.

¶20

The Chief Medical Officer, Varanasi is ordered to depute a lady doctor twice a week to the Bal Griha to ensure that the prosecutrix, during her stay at the Bal Griha, is in good health, both mental and physical.

¶21

The learned District Judge, Varanasi is directed to depute a lady Judicial Officer who will visit the Bal Griha once a month and ascertain from the prosecutrix if she has any difficulty in staying there. Whatever difficulty the prosecutrix faces, if at all, the lady Judicial Officer concerned shall remedy immediately.

¶22

If, for some reason, it is beyond the competence or authority of the lady Judicial Officer to remedy the difficulty with the prosecutrix faces, the

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CRLP No. 7781 of 2026

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learned District Judge, Varanasi will immediately remedy the problem upon a report received from the lady Judicial Officer.

¶26

The Superintendent, Rajkiya Bal Griha, Balika, Ram Nagar, Varanasi shall take care that the prosecutrix is well cared for and there is no misbehaviour with her, of any kind, during her stay. She should receive a friendly atmosphere in the Bal Griha.

¶27

The prosecutrix will stay in the Bal Griha until 18.05.2027 and, on that day, she will be set at liberty to go wherever she likes and with whomsoever she wants, including Sonu Bharti, the first petitioner. If any one wishes to meet the prosecutrix, apart from her family members, it will be subject to the prosecutrix's consent and upon information being furnished to the District Judge, Varanasi.

¶28

The prosecutrix will be delivered into the custody of the Commissioner of Police, Prayagraj by the Court Officer, who will immediately arrange her safe and comfortable passage to Varanasi and to the Bal Griha there.

¶29

The Superintendent of the Bal Griha will take necessary steps, as already directed to house the prosecutrix in it.

¶30

So far as the validity of the impugned FIR is concerned it has to be determined.

¶31

Let a counter affidavit be filed on behalf of respondent nos. 1 and 2.

¶32

Let notice be issued to respondent no. 3 by R.P.A.D.

¶33

Steps for the purpose shall be taken within four working days next.

¶34

List on 09.07.2026 along with a report regarding service, postal track

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CRLP No. 7781 of 2026

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4

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attached and status of pleadings.

¶38

The second petitioner will be taken to a secure place by the Court Officer immediately and delivered into the custody of the Commissioner of Police, Prayagraj who will cause the prosecutrix to be conveyed to the Bal Griha, Varanasi after coordinating with his counterparts in Varanasi forthwith .

¶39

The interim order dated 21.04.2026 shall remain in operation till the next date of listing.

¶40

Let this order be communicated to the Commissioner of Police, Prayagraj through the learned Chief Judicial Magistrate, Prayagraj by the Registrar (Compliance) today.

¶41

Let this order be also communicated to the learned District Judge, Varanasi, the Commissioner of Police, Varanasi, the Superintendent, Rajkiya Bal Griha, Balika, Ram Nagar, Varanasi and the Chief Medical Officer, Varanasi through the learned Chief Judicial Magistrate, Varanasi by the Registrar (Compliance) today.

¶42

(Tarun Saxena,J.) (J.J. Munir,J.)

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May 18, 2026 Prashant D.

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Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad

Sonu Bharti and Another v. State of U.P. and 2 Others

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Sonu Bharti and Another v. State of U.P. and 2 Others

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