Admittedly, the petitioner was found to be a juvenile as her date of birth is recorded as 15.04.2004. It appears from the appellate order that one of the primary consideration while rejecting the release of the petitioner was the lack of proper guardianship as the parents of the petitioner are in judicial custody. However, separate affidavits have been filed by the uncle and aunt of the petitioner in which they have categorically stated that they are keenly interested to take on the guardianship of the petitioner as their own daughter along with their other two daughters. A further undertaking has been given that they will not allow the petitioner to come in contact with any bad elements and shall provide proper care, guidance and discipline and parental care as she would be getting if she was in the custody of her parents. In absence of the parents of the petitioner who, as has been noted above, are already in custody, uncle and aunt of the petitioner, who have sworn affidavits, would be the best persons to take care of the petitioner and provide parental care and guidance to her. In such circumstance, I am inclined to allow this application by setting aside the order dated 07.05.2016 passed in Criminal Appeal No. 74 of 2016 by the learned Additional Judicial Commissioner – I, Ranchi.
