IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.702 of 2009 VARUN KUMAR SON OF SRI JAI KUMAR, RESIDENT OF VILLAGE-SIMARIA, P.S. BARAUNI, DISTRICT-BEGUSARAI Versus 1. STATE OF BIHAR 2. THE SUPERINTENDENT, AFTER CARE HOME, GAIGHAT, PATNA 3. SRI RADHEY KRISHNA SINGH @ RADHA SON OF LATE RAM SEWAK SINGH, RESIDENT OF VILLAGE-SIMARIA, P.S. BARAUNI, DISTRICT-BEGUSARAI 4. PUJA KUMARI WIFE OF VARUN KUMAR, D/O RADHEY KRISHNA SINGH @ RADHA, RESIDENT OF VILLAGE-SIMARIA, P.S.- BARAUNI, DISTRICT-BEGUSARAI 5. THE S.P., BEGUSARAI ---- For the Petitioner: Mr. Ashok Kumar Mishra For the State : Mr. Arup Kr. Chongdar, AC to AAGII. ----------- 4. 30.11.2009 Heard learned counsel for the petitioner and learned counsel for Respondents 1, 2 & 5. On the previous date, none had appeared on behalf of Respondent no. 3, despite having entered appearance. Today also none is present on his behalf. Respondent no. 3 lodged complaint case no. 1465 C of 2009 on 8.6.2009 under Section 366 A, 34 I.P.C. that his only daughter, who was a Matriculate from a High School, was enticed by her two named friends to accompany them for her teeth ailment, when she was abducted. The petitioner was not made accused in the complaint case when his other family members were made accused. Learned counsel for the petitioner submits that the petitioner and the alleged victim, Respondent no. 4 have married voluntarily; he is aged about 24 years and the alleged victim has been medically examined on 3.7.2009 and she has been assessed as between 17 to 19 years of age. The alleged victim girl then appeared before the learned Magistrate when her statement under 2 Section 164 Cr.P.C. was recorded on 3.7.2009 itself at Annexure- 3. Simultaneously, the Court ordered her to be sent to the After Care Home. Separate applications for release were filed by Respondent no. 3 and Respondent no. 4 when the former desired the latter to be released in his favour and the latter desired to go on her own with the petitioner. Learned Magistrate rejected both the applications leading to Respondent no. 4 continuing in the After Care Home. The petitioner claiming to be the husband has now filed this writ application praying for a direction for release of Respondent no. 4 from the After care Home as his lawfully wedded wife. The complaint, which came to be subsequently registered as first information report sent for investigation under Section 156(3) Cr.P.C., itself states that she was a Matriculate. The statement of alleged victim, respondent no. 4 under Section 164 Cr.P.C. has been perused by us. It adequately reflects her firmness of mind and the desire to chart her own path in life. We cannot loose sight of the fact that she is educated, up to Matriculation, aged about 17-19 years, with a definite mind of her own. We are, therefore, satisfied in the facts and circumstances that it would not be in her interest and shall certainly be curtailing her liberty to direct continuance in the After Care Home. We direct Respondent no. 2 to set Respondent no. 4 at liberty from the After care Home, Gaighat, Patna so that she 3 may proceed to a destination of her choice. It appears that the investigation is proceeding in Barauni Chakia P.S. Case No. 193 of 2009. We, accordingly, direct that the investigation be concluded expeditiously and Police report submitted for consideration in accordance with law without any delay. The application stands disposed. Let a copy of this order be communicated by fax at the cost of the petitioner to the court of C.J.M., Begusarai in Barauni Chakia P.S. Case No. 193 of 2009. AKS/ (Navin Sinha, J.) (Kishore K. Mandal, J.)