Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.495 of 2012 ====================================================== 1. Raja Paswan S/O Ram Kirit Paswan Resident Of Village- Dubarbanna Kuli Tola, Ward No.-20, P.S.- Bairgania, District- Sitamarhi. .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Superintendent Of Police Sitamarhi, District- Sitamarhi 3. The Sub- Divisional Officer Sitamarhi Sadar, District- Sitamarhi 4. The Officer In Charge Bairgania Police Station, District- Sitamarhi. 5. The Superintendent Government Women's Remand Home, Gaighat, Patna, District- Patna. 6. Shiv Shankar Thakur S/O Ganga Thakur Resident Of Village- Dubarbanna, Ward No.-19, P.S.- Bairgania, District- Sitamarhi .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH and HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH) 2 09-05-2012 By this writ petition, the petitioner has prayed for writ of habeas corpus for recovery of a girl alleged to be his wife. It is submitted in the writ petition that she is now at Aftercare Home (Nari Niketan), Gaighat, Patna City pursuant to judicial orders. It appears that father of the girl instituted a criminal case, inter alia, under [STATUTE] against the petitioner for having kidnapped his minor daughter for the purpose of marriage. He alleged that date of birth of his daughter is 10.2.1998 which would make her about 14 years of age. The petitioner states that he had not kidnapped the girl rather she had eloped with him and they have married. They were staying Patna High Court CR. WJC No.495 of 2012 (2) dt.09-05-2012 2 together till the case was lodged. Upon coming to know the girl surrendered. Her statement under section 164 Cr.P.C. was recorded in which she admits that she had married the petitioner and that too at the instance of her mother but as the petitioner did not pay the girl’s mother, in order to coerce, this case has been lodged. She has expressed her desire to live with the petitioner. On the basis of aforesaid, it is submitted that the girl being lawfully wedded wife of the petitioner, this petitioner is entitled to her custody and she cannot be remanded to home. For more than one reasons we do not intend to interfere. Firstly, because the petitioner is challenging the judicial order of remand of the girl to Nari Niketan. That being the order passed in a criminal proceeding the petitioner has remedy against it. Secondly, the girl having been sent to Nari Niketan pursuant to the order of the court, it cannot be a case of habeas corpus as her detention is not illegal. Thirdly, the Magistrate who recorded the statement of the girl recorded her age to be 16 years. The court, when she was produced, has also assessed her age to be 16 years. The Medical Board, who examined her, has also assessed her age to be 16-18 years. Her certificate show her date of birth which would make her Slightly above 14 years of age. Considering the aforesaid, we are convinced that the Patna High Court CR. WJC No.495 of 2012 (2) dt.09-05-2012 3 girl being minor this court cannot sanctify the marriage of a minor girl which is against law. That being so, if at all, she can only be released to her parents, who are her legal and natural guardians, the marriage not being legal. A desperate argument at the end that she is pregnant and that being because of petitioner’s association with her. To our mind, the plea is false. The girl never pleaded the same even before the Medical Board and she has been in the Nari Niketan now for over seven months. The authorities of Nari Niketan have not reported in any manner that she is pregnant. We had requested the learned counsel for the State to make enquiry from Nari Niketan and upon instruction he has stated that the girl, in question, is not pregnant much less in advance stage. The pregnancy is alleged by the petitioner. This is a very serious matter. The petitioner has stated about the pregnancy on affidavit which we find prima facie false. We, accordingly, would have taken serious action for swearing false affidavit but considering the young age of the petitioner and humble background, we think that probably he was wrongly counselled to take this stand. We do not propose to take any further action. The writ petition merits no consideration and is dismissed as such. Let a copy of this order be sent to Additional Sessions Patna High Court CR. WJC No.495 of 2012 (2) dt.09-05-2012 4 Judge, F.T.C.-II, Sitamarhi where Sessions Trial No.538 of 2011 in relation to the order of remand is pending. Md.S./- (Navaniti Prasad Singh, J) (Ashwani Kumar Singh, J)

Applicable IPC Section: 366A

Statute Text:
Section 366A of the Indian Penal Code. Procuration of minor girl. Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.