IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.391 of 2010 UDAI KUMAR SAH Versus STATE OF BIHAR & ORS. ----------- 05. 06.08.2010 Heard learned counsel for the petitioner and the counsel appearing for the State. Petitioner’s prayer is for a direction to Suraj Prasad Sah (respondent no. 4) to release his legally wedded wife, Khushbu Kumari (respondent no. 5) from his illegal custody, as the petitioner and respondent no. 5 are husband and wife, on account of solemnization of their marriage as per the Hindu rights and customs. The petitioner in support of his statement has annexed some letters, photographs and affidavits before Notary Public to show his marriage with respondent no. 5. Counter Affidavit has been filed on behalf of the Superintendent of Police, Vaishali at Hajipur, completely denying the claim of the petitioner regarding his marriage with respondent no. 5 and allegation of keeping respondent no. 5 in illegal confinement of her father, Suraj Prasad Sah. The statement of victim girl namely, Khushbu Kumari (respondent no. 5) recorded by the Chief Judicial Magistrate, Vaishali at Hajipur under Section 164 2 Cr.P.C. has been annexed with the Counter Affidavit. The statement of Respondent No. 5 recorded under Section 161 Cr.P.C.in connection with Bidupur P.S. Case No. 353 of 2009, registered for the offence punishable under Sections, 364, 366 (A)/34 of the Indian Penal Code, has also been annexed with the Counter Affidavit. The petitioner is an accused in this case. The allegation in the FIR is regarding forcible abduction of the daughter of the informant by the petitioner with an intention of marriage. The age of respondent no. 5, assessed by the Magistrate and as per the medical report, is about 16 to 17 years. Khushbu Kumari in her statement has stated that while coming after attending coaching classes, she was forcibly pushed in an Ambassador Car and taken by the petitioner and others to Patna Junction. At Patna Junction she was forced to board to Shramjivi Express and taken to Rajasthan. She was kept there for sometime and repeatedly being forced to solemnize marriage with the petitioner. It is also stated that during this period the petitioner used to make some illegal demands, on phone, from her father. Subsequently, she was brought to Patna and the Police 3 recovered her and produced before the Magistrate, where her statement was recorded. Respondent No. 5 in her statement has also expressed her desire to go and start living with her parents. Considering the statement of respondent no. 5, the claim of the petitioner, regarding his marriage with respondent no. 5 has totally been falsified. As per the statement of the girl, she is not a legally wedded wife of the petitioner and considering her desire to live with her parents, it can not be said that she is residing in an illegal confinement of her parents. This application is fit to be dismissed. Hence, it is dismissed. S.K.M. (Mridula Mishra, J.) (Dharnidhar Jha, J.)