JUDGMENT : S.C. Datta, J. - This is an application u/s 482, Criminal Procedure Code, praying for setting aside the orders dated 18.12.1994 and 3.1.1995 passed by the learned Judicial Magistrate, First Class, Banpur directing custody of the victim girl Basanti Sharma with her father Ramesh Kumar Sharma. 2. The case of the petitioner is that he fell in love with Basanti Sharma and later they were married. It is alleged that the father of the girl namely Ramesh Kumar Sharma out of malice, ill-will, vindictiveness and vengeance lodged information with the Officer-in-charge, Banpur P.S. alleging that the petitioner had kidnapped her daughter, Basanti. It was given out that the age of his daughter only 13 years. On receipt of the complaint, the O.I.C., Banpur P.S. took away Basanti and produced her before the Judicial Magistrate First Class, Banpur. On 18.12.1994 the learned Magistrate recorded the statement of Basanti u/s 164, Cr.P.C. wherein she claimed that she was 21 years old and use desirous of staying with the petitioner, her husband and the in-laws. Later, on 18.12.1994 when said Basanti produced before the learned Magistrate her father, Ramesh Kumar Sharma filed an application praying to take the victim girl in his custody. It is contended that the learned Magistrate made over the victim girl to the custody of her father, ignoring the fact that she was a major, which is supported by the medical report and the statement made by the victim girl u/s 164, Cr.P.C. The petitioner claims that he has suffered irreparable loss because of the order of the Court below which is against the well established principle of law, inasmuch as, the petitioner being the husband should have been allowed to have a dialogue with his wife before the question of custody was determined. 3. Heard learned counsel for the petitioner. None appears on behalf of opposite party No. 2. The learned Addl. Standing Counsel was present. It appears that the learned Magistrate made over the custody of the victim girl, Basanti Sharma to her father, Ramesh Kumar Sharma after the girl wanted to go back to her parents. It also appears that initially the girl did not want to go to her parents contending that she has attained majority. The learned Addl. Standing Counsel was present. It appears that the learned Magistrate made over the custody of the victim girl, Basanti Sharma to her father, Ramesh Kumar Sharma after the girl wanted to go back to her parents. It also appears that initially the girl did not want to go to her parents contending that she has attained majority. But it appears further that the learned Magistrate in making over the custody of the victim girl to her parents, took into consideration the transfer certificate in respect of the victim girl issued by the Headmaster of Nachuni Godabarish High School on 8.11.1994. It revealed that the date of birth of Basanti Sharma was 19.1.1981 and she was reading in Class IX. It also appears that the victim girl was medically examined. From the ossification report it reveals that she was aged between 18 to 21 years. The present petitioner did not appear before the Court when the impugned orders were passed nor did he claim custody of the victim girl before the Magistrate on that date. On his behalf his mother prayed for custody of the victim girl claiming that the victim girl is her daughter-in-law. No material was, however, produced before the learned Magistrate to demonstrate that the petitioner married the victim girl. It is of course true that the ossification test reveals that the victim girl attained majority. The learned counsel for the petitioner submits that so far his information goes, the petitioner is at present living happily with her wife, Basanti Sharma and the dispute between the parties has been resolved, Any way having considered the report of the ossification test and the assertion made by the victim girl to the affect that she has attained majority, it is felt that the victim girl should be allowed to stay wherever she wants to reside. It appears that by the impugned orders the learned Magistrate allowed the interim custody of the victim girl with her father. In view of the submissions made at the bar and the fact that ossification test reveals that the victim girl has attained majority, I think it would be appropriate if the victim girl Basanti Sharma is allowed to go wherever she likes. With this observation, the application is disposed of.