IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1004 of 2010 REENA KUMARI Versus STATE OF BIHAR & ANR ----------- 3. 27.9.2010. Like several similar other applications usually filed by the girl against whom, whose fathers/parents institute a case regarding their kidnapping by the person, with whom actually they have eloped, this application has also been filed by one Reena Kumari with a prayer that a direction be issued to respondent to release her forthwith from Remand Home. She has alleged that her detention is illegal on account of her age and her statement recorded under Section 164 Cr.P.C. before the Chief Judicial Magistrate, Madhepura(Annexure-2). In her statement recorded under Section 164 Cr.P.C. the petitioner has disclosed that on 27.1.2010 she out of her own wishes left her parents’ place and went to Singheshwar Asthan from-where she gave a call to Sudhir Kumar @ Sudhir Kumar Yadav who is 21 years of age. Both were liking each other and they were quite willing to get married. They went to Khagaria for solemnizing their marriage in a temple, some time thereafter they lived at a village, namely, Bharnahi but Sudhir Kumar was arrested in connection with Madhepura P.S.case No.33 of 2010 instituted by her father, Vinod Verma under Section 363 and 366A and 34 of the IPC. She was also brought by the investigating officer, who produced her before the Judicial Magistrate, Ist 2 Class, Madehpura. Sudhir Kumar was sent to jail and despite petitioner’s statement recorded under Section 164 of the Cr.P.C. that she has not been kidnapped, rather she is legally married wife of Sudhir Kumar Yadav and her age being assessed by the medical board, in between 17 to 18 years, she was sent to Remand Home. Considering the facts of the case, there was no reason for sending Reena Kumari to Remand Home by the Judicial Magistrate, Ist Class, Madhepura. She was neither an accused nor a minor and her statement did not disclose that she had been kidnapped. Her statement was quite specific that being major girl, she decided to marry with Respondent no.4 and wanted to live with her husband. She is carrying pregnancy of 3-4 months, this was also disclosed in her statement recorded under Section 164 Cr.P.C. as well as corroborated by the medical report. Considering her, physical condition, and her pregnancy there was no reason for sending her to Remand Home, even for a single day, as such Remand will only result into extending the period of illegal confinement, and as such not permissible. Accordingly, the order passed by the Chief Judicial Magistrate, Madhepura(Annexure-4)dated 21.4.2010 in connection with Madhepura Bharahi P.S.Case No.33 of 2010 is quashed. The petitioner Reena Kumari is directed to be 3 released from the After Care Home, Patna. The husband of the petitioner is present in court and he is ready to take her with him. She is allowed to accompany her husband and in case any formality is required to be completed by the petitioner, before leaving the remand home, she will complete that. B.Kr. ( Mridula Mishra,J. ) ( Dharnidhar Jha, J.)