IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.424 of 2010 ARBIND KUMAR @ ARBIND CHAUDHARY @ BABLOO CHAUDHARY, Son of Anirudh Chaudhary, Resident of Village – Nauhatta, P.S. – Nauhatta, Dist. – Saharsa. …….. Petitioner. Versus 1. THE STATE OF BIHAR, through the Principal Secretary, Department of Home, Govt. of Bihar, Old Secretariat, Patna. 2. The Superintendent of Police, Saharsa. 3. Prithvi Chand Sah, S/o. Late Saryug Sah, Resident of Village – Nauhatta, P.O. + P.S. – Nauhatta, Dist. – Saharsa. 4. Rekha Devi, mother of Neha Kumari @ Neha Jaiswal @ Neha Chaudhary, W/o. Prithvi Chand Sah, Resident of Village – Nauhatta, P.O. + P.S. – Nauhatta, Dist. – Saharsa. 5. Neha Kumari @ Neha Jaiswal @ Neha Chaudhary, w/o. Arbind Kumar @ Arbind Chaudhary @ Babloo Chaudhary, D/O. Prithvi Chand Sah, Resident of village – Nauhatta, P.O. + P.S. – Nauhatta, Dist. – Saharsa. ………………… Respondents. ----------- Advocate for the Petitioner :- Dr. Poonam Kumari Singh, Advocate. Advocate for the State :- Mr. S. Rahman, Assistant Counsel to G.A. IV. Advocate for the Respondent Nos. 3, 4 and 5 :- Mr. Sameer Ranjan, Advocate. -------------- 06/ 04.05.2011 Heard learned lawyer for the petitioner, State and learned counsel for the respondents. The petitioner has prayed for issuance of a writ in the nature of habeas corpus asking the respondents to release the petitioner’s wife Neha Kumari @ Neha Jaiswal @ Neha Chaudhary from the custody of her parents who are respondent nos. 3 and 4 here. The alleged wife of the petitioner has been made as respondent no. 5. The respondents have appeared in the 2 writ petition and their consistent case is that the victim Neha Kumari @ Neha Jaiswal @ Neha Chaudhary was a minor girl on the date of her marriage. This is apparent from the certificate granted by the office of the District Superintendent of Education, Saharsa. Attention has also been drawn towards the statement of the victim girl which has been recorded under Section 164 of the Cr.P.C. The victim girl in her statement has given her age as 13 years. In the assessment of the court, the victim appeared to be of 13 years. She has described as to how she was forcibly caught, dragged and taken away by the use of firearms. Thereafter she has described her sufferance with the hands of the petitioner. Another certificate is the certificate granted by the Medical Officer, Saharsa Hospital, Saharsa and according to that certificate the victim was aged about 14 to 15 years. The case has started on the basis of fardbeyan of respondent no. 3, Prithvi Chand Sah who has lodged a case under Sections 366 and 366A vide Nauhatta P.S. Case No. 68 of 2008 on 22.10.2008 in the district of Saharsa wherein it has been alleged about occurrence and the petitioner is accused no. 1 and the informant has described that his daughter has been taken away by the petitioner and others. 3 Arguing counsel on behalf of the petitioner has submitted that the victim has married according to her sweet will with the petitioner. The certificate granted by the school authorities is concocted and not reliable. There are counter versions about age of the victim. The facts which are sought to be raised on behalf of both the sides are disputed. This case only be adjudicated before the regular trial court. So far as issuance of a writ in the nature of habeas corpus is concerned, it appears that this is not a proper case for release because of the statement of the victim who has prima facie been found to be minor and she has described as to how the petitioner has brutalized with her. Considering the facts and circumstances of the case, on merit, this writ petition is dismissed. Kundan (Shyam Kishore Sharma, J.) (Gopal Prasad, J.)