IN THE HIGH COURT OF JUDICATURE AT PATNA CR WJC No 868 of 2011 Abhishek Kumar, son of late Vishwa Nath Prasad, resident of Mohalla - South Bihar Sugar Mill, Bihta, P O + P S – Bihta, District – Patna - Petitioner Versus 1 The State of Bihar through the Director General of Police, Bihar, Patna 2 Superintendent of Police (Rural), Patna, District – Patna 3 The Deputy Superintendent of Police (Rural), Patna, District – Patna 4 The Officer-in-charge of Bihta Police Station, Bihta, District – Patna 5 Manoj Sharma, son of Arjun Singh 6 Prinyanka Kumari, daughter of Manoj Sharma, residents of Mohalla - South Bihar Sugar Mill, Bihta, P O + P S – Bihta, District - Patna - Respondents ----------- 2 06.09.2011 The petitioner claims to be the husband of respondent No 6. With reference to affidavit annexed as Annexure-2 series, it is submitted that the petitioner and respondent No 6 were married at a temple. It is stated that for few days, they lived together as husband and wife but then respondent No 6 was forcibly taken away by her parents and others and, thereafter, they are not allowed to meet each other. Bihta police had also intervened in the matter but allegedly took bond from them that they would not claim to be married. Under such situation, this writ of habeas corpus has been filed. In our view, considering the age of the girl, the circumstances under which marriage is pleaded, we are not inclined to interfere. However, if petitioner is aggrieved by the illegal confinement of respondent No 6 then he has remedies as provided under Section 339 and other sections of Indian Penal Code read with Sections 97 and 98 of the Code of Criminal Procedure. If action is taken thereunder, authorities would act responsibly and immediately in that regard. Further, petitioner has remedy under Section 9 of the 2 Hindu Marriage Act for restitution of conjugal rights. The petitioner may, upon proof of marriage, seek remedy as he may be advised. With these observations, the writ petition is disposed of. M.E.H./ (Navaniti Prasad Singh) (Ashwani Kumar Singh)