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2008 DIGILAW 563 (PAT)

Sweta Kumari v. State of Bihar

2008-03-28

body2008
ORDER 1. This application has been filed for issuance of a writ in the nature of habeas corpus commanding respondents to produce the petitioner and to set her at liberty forthwith. 2. According to the petitioner, she had married to one Abdul Raja at Mani Ram Mandir in the town of Bihar Sharif on 19.3.2007 according to Hindu rites. However, her marriage did not had the approval of her father and he lodged a report with Laheri Police Station alleging kidnapping of the petitioner claiming that she is minor. On the basis of aforesaid, Laheri P.S. Case No. 147 of 2007 was registered under Sections 363, 366A and 376/34 of the Indian Penal Code. The matter is under investigation. Petitioner claims to be a major and in support of her assertion she had placed on record the certificate granted to her of passing the Secondary School Examination Board, 2005 showing her date of birth as 10th of March, 1989. 3. As there was dispute in regard to the date of birth, the learned Magistrate directed for lodging of the petitioner in the After Care Home. In the light of the aforesaid order, petitioner has been lodged in the After Care Home. 4. Prima facie, being satisfied that she is major and had married according to her own wishes and she is confined in the After Care Home against her wishes, we directed for her production so as to ascertain her wishes. She has accordingly been produced in Court. We enquired from her and she has very categorically stated that she wants to live with her husband and as her husband is in custody, her desire is to live with her husband's family. 5. Additional Advocate General No. IV has produced before us the report of the Medical Board dated 9th of February, 2008 in which age has been shown as between 16 to 17 years. Final adjudication in that regard is yet to be made. 6. Having seen the petitioner and taking into account the various documents annexed alongwith the writ application particularly the certificate of Secondary School Examination Board for the purpose of this case, we are of the opinion that the petitioner is major and is intelligent enough to appreciate her future. She has stated that she wants to live with her husband and for the present she wants to go with family members of her husband. She has stated that she wants to live with her husband and for the present she wants to go with family members of her husband. We are of the opinion that this is a fit case in which her wish should be granted. 7. Accordingly we direct for her release forthwith. She is at liberty to go with the family members of her husband, who are present in Court 8. Application stands disposed off with the direction aforesaid.