IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.474 of 2011 BHIM KUMAR CHANDRAVANSHI Versus THE STATE OF BIHAR & ORS ----------- 02/ 02.05.2011 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. The petitioner has come here, seeking remedy that respondent no. 4, Sushma Kumari who is legally married wife, be declared as his wife under Section 5 of the Hindu Marriage Act and she be rescued from the custody of respondent nos. 5 and 6 and thereafter she should be handed over to him. It appears that a criminal case under Section 363 of the Indian Penal Code has been lodged by the father of the girl in which he has stated that Sushma Kumari, aged 15 years has been enticed away by the petitioner. Submission is that the victim has been examined under Section 164 of the Cr.P.C. in which she has stated that she is twenty years of aged and is willing to live with the petitioner. The court below has found her to be sixteen years of age. In this case, therefore, the paramount 2 fact be to ascertain is the age of the victim. If the daughter of the informant is major then she can go anywhere according to her choice and if she is found to be minor, then she will be handed over to her parents. There are two claims with regard to the age of the girl. The court below has found her about sixteen years of age but she in her statement under Section 164 of the Code of Criminal Procedure has described her age to be of twenty years. On the basis of above disputed fact, the matter should be looked into by the learned Judicial Magistrate where the case is pending. We are of the view that this application is not maintainable, and it is dismissed. However, the petitioner shall be at liberty to raise the question before the court below. kksinha/- (Shyam Kishore Sharma, J.) (Gopal Prasad, J.)