IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1169 of 2010 PRINCE KUMAR PANDIT @ PRINCE KUMAR, S/O SRI SUSHIL KUMAR PANDIT, R/O VILLAGE – MANJHI UTTAR TOLA, P.S. – MANJHI, DISTRICT – SARAN AT CHAPRA. ……… PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE SUPERINTENDENT OF POLICE, SARAN AT CHAPRA. 3. THE SUPERINTENDENT OF RAJKIYA NARI SURAKSHA GRIH, GAIGHAT, PATNA – 07. 4. THE OFFICER-IN-CHARGE/I.O. OF MANJHI P.S. CASE NO. 12 OF 2010 OF SARAN AT CHAPRA DISTRICT. 5. DIP MALA KUMARI @ PUTUL, W/O PRINCE KUMAR PANDIT, R/O VILLAGE – MANJHI UTTAR TOLA, P.S. MANJHI, DISTRICT –SARAN AT CHAPRA. 6. PUNAM DEVI W/O RAM NATH CHAUDHARY, R/O VILLAGE – KANCHANPUR, P.S. MANJHI, DISTRICT – SARAN AT CHAPRA. 7. SRI SUSHIL KUMAR PANDIT, S/O SRI DHURANDHAR PANDIT, R/O VILLAGE – MANJHI UTTAR TOLA, P.S. MANJHI, DISTRICT – SARAN AT CHAPRA. ……. RESPONDENTS. ----------- 03/ 15.11.2010 This application has been filed by the petitioner Prince Kumar Pandit @ Prince Kumar for a direction to the respondent to release Respondent No. 5 Dip Mala Kumari @ Putul from Rajkiya Nari Suraksha Grih, Gaighat, Patna in his favour as she is his legally wedded wife but illegally she has been detained in connection with Manjhi P.S. Case No. 12 of 2010. Petitioner himself was taken into judicial custody in connection with Manjhi P.S. Case No. 12 of 2010 but has been released by order dated 31.8.2010 passed in Cr. Misc. No. 29368 of 2010. Petitioner and Dip Mala Kumari had solemnized their marriage as they were in love with each 2 other. This was a marriage against the wishes of the parents of Dip Mala Kumari, but when the petitioner and Dip Mala Kumari came to know about the institution of Manjhi P.S. Case No. 12 of 2010 they decided to surrender before the Chief Judicial Magistrate, Chapra and on 23rd June, 2010 they surrendered in the court of C.J.M., Chapra. The petitioner was taken into custody and so far Respondent No. 5 Dip Mala Kumari is concerned, she was directed to be detained in Remand Home. Before sending her to Remand Home her statement was recorded under Section 164 of the Cr.P.C. and she has been medically examined. As per medical report her age was in between 18 ½ to 19 ½ years and it was also found that she is carrying pregnancy of ten weeks six days. The C.J.M., Chapra completely ignoring the medical report as well as condition of Respondent No. 5, who was pregnant, directed her to remain in Remand Home. The documents has been annexed as Annexure-6, which also indicates that Respondent NO. 5 was not maintaining good health at Remand Home as during pregnancy the care and precaution, which is required for, was not available to Respondent No.5. The petitioner had filed an application before the Sessions Judge, Chapra for release of Respondent 3 No. 5 in his favour on the ground of her ailment but since no order was passed this writ application has been filed by him. Counsel for the petitioner submits that admittedly Respondent No. 5 is not an accused in Manjhi P.S. Case No. 12 of 2010 rather she has been detained as a victim, which is patently illegal in view of statement of Respondent No. 5 recorded under Section 164 of the Cr.P.C. She has stated in her statement under Section 164 of the Cr.P.C. that her disappearance from her father’s house was not a case of abduction rather she being a willing partner of petitioner, lefty her parent’s house for solemnizing her marriage with Prince Kumar Pandit. Despite all these facts, the Chief Judicial Magistrate, Chapra passed the remand order, whereby Respondent No. 5. was directed to be remanded to Remand Home. While passing such order, the Chief Judicial Magistrate, Chapra completely ignored the age of Respondent No. 5, the medical report and the law settled in this regard. It is a settled law that a major girl being legally competent, can decide her course of life. She can decide the place of her residence and can also choose life partner of her own choice, to whom she wants to marry. A major girl if 4 decides to live with a person of her own choice, after solemnizing her marriage, there was no occasion to pass an order of remand, of such girl. The order of remand passed by the C.J.M., Chapra is thus completely illegal. Accordingly, the order, whereby she was remanded to Rajkiya Nari Suraksha Grih, Gaighat, Patna is quashed. Respondent No. 5 has been produced before the Court by the Superintendent of Rajkiya Nari Suraksha Grih. She is present before us. Petitioner is also present. Accordingly, an order of release is being passed. Respondent No. 5 as per her own choice should go in the company of petitioner, who claims to be her husband and Respondent No. 5 has also admitted that she is legally wedded wife of the petitioner. This application is allowed. Respondent No. 5 is directed to be released forthwith. However, she will complete all formalities, before she leaves Remand Home. DKS/ (Mridula Mishra, J.) (Dharnidhar Jha, J.)