IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.463 of 2010 RAM KRIPAL SAH Versus STATE OF BIHAR & ORS ----------- 3 29.9.2010 Despite valid service of notice, no one appears on behalf of the informant. The petitioner seeks quashing of the order dated 24.1.2010 passed by the Chief Judicial Magistrate, Sitamarhi in Runisaidpur P.S. Case No.402 of 2009 wherein the custody of his wife Rajani Kumari was handed over to her parents. The informant Sitaram Bhagat lodged a F.I.R. bearing Runnisaidpur P.S. Case No.402 of 2009, G.R.No.3106/09, under sections 323, 366, 363A and 120B of the Penal Code against the petitioner and others. It is alleged that the petitioner had abducted her minor daughter. Learned counsel for the petitioner submits that the allegations against the petitioner are false and in fact Rajani Kumari is a major and on her own free will married the petitioner and is living with him. In support of his contention, he relied upon a statement of Rajani Kumari recorded under section 164 Cr.P.C. where she has stated that she is aged about 20 years and has married the petitioner on her own free will and is living like husband and wife. She further stated that she is having pregnancy of two months from her wed-lock. Learned counsel has also referred to the report of the 2 KHAN Medical Board, which opined that the victim girl is aged about 18-19 years as would be evident from Annexure-2. He further submits that the Apex Court in the case of Lata Singh Vs State of Uttar Pradesh and another, reported in 2006(3) P.L.J.R. 329 has held that a major boy or a girl is free to marry or live with any one he or she likes. Learned State counsel is not able to controvert the law laid down by the Apex Court on the aforesaid count. It would appear from the statement of Rajani Kumari recorded under section 164 Cr.P.C. as well as report of the Medical Board that she is major and has married the petitioner and even today she is living with him. In fact, an affidavit in the instant case filed by the petitioner has been sworn by Rajani Kumari, daughter of the informant. In view of the aforesaid facts and circumstances, the impugned order dated 24.1.2010 passed by the Chief Judicial Magistrate, Sitamarhi is set aside. As the Medical Board opined that Rajani Kumari is aged about 18-19 years, she is entitled to live with the person of her choice. (S.P.Singh,J)