IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48375 of 2008 KUSUM KUMARI @ NEELAM KUMARI, WIFE OF SUNIL KUMAR RAM, RESIDENT OF VILLAGE – DARAUNA BHAGANPUR, P.O. + P.S. – DARIYAPUR, DISTRICT – SARAN (CHAPRA) ----- PETITIONER Versus 1. THE STATE OF BIHAR 2. BHAGHIRATH RAM, SON OF LATE ASRAFI RAM, RESIDENT OF VILLAGE – BHAGANPUR, P.S.- DARIYAPUR, DISTRICT- SARAN. 3. SUNIL KUMAR RAM, SON OF SRI KISHORI RAM, RESIDENT OF VILLAGE – BHAGANPUR, P.S. – DARIYAPUR, DISTRICT- SARAN. ----- OPPOSITE PARTIES For the petitioner :- Mrs. Indu Bala Pandey, Advocate Mr. Anshuman, Advocate Mr. Ramanuj Tiwary, Advocate For the State :- Mr. Shivesh Chandra Mishra, A.P.P. For Opposite Party No. 2 :- Mr. Mukul Prasad, Advocate For Opposite Party No. 3 :- Mr. Abdul Wadood, Advocate ----------- 4 17.8.2009 This application has been filed against the order dated 2.9.2008 by which the revision application filed on behalf of Bhaghirath Ram and Kusum Kumari @ Neelam Kumari has been rejected. Bhaghirath Ram had filed this application for release of his daughter Kusum Kumari @ Neelam Kumari from custody as it was claimed on the basis of School Leaving Certificate that Kusum Kumari @ Neelam Kumari was a minor girl. On the other hand, Kusum Kumari @ Neelam Kumari had also filed an application stating that she is major and she wants to go and live with her husband Sunil Kumar Ram whom she had married one month back. 2 The Court below had rejected the application on the ground that there appears to be discrepancy in her age as assessed by the doctor and the School Leaving Certificate filed on behalf of the father of the girl. This Court in order to ascertain the age of the girl and the wishes of the girl ordered that she should be produced from the remand home. I may record here that Kusum Kumari @ Neelam Kumari had been lodged in the remand home for the past one year which is sad state of affairs in view of the fact that the only crime committed by her was that she had run away with Sunil Kumar Ram. This Court finds that the girl is about 18 years of age and cannot be considered to be a minor under any circumstances. This Court spoke at length with the girl and explained the consequences of the decision that she is about to take. Kusum Kumari @ Neelam Kumari categorically states that she wants to live with Sunil Kumar Ram and that she is willing to give up her parents as they do not accept her relationship with Sunil Kumar Ram. I also spoke to Sunil Kumar Ram (husband) and he swore before the Court that he 3 will look after Kusum Kumari @ Neelam Kumari. Sunil Kumar Ram works in Bhavnagar (Gujrat) as a diamond cutter. He has undertaken to look after Kusum Kumari @ Neelam Kumari to the best of his ability. Considering all the facts, this Court directs that Kusum Kumari @ Neelam Kumari should be taken back to the remand home and thereafter produced before the Chief Judicial Magistrate, Saran at Chapra who will release Kusum Kumari @ Neelam Kumari so that she may be free to leave the remand home and Court premises to go wherever she pleases. It goes without saying that the remand home authorities will produce the girl before the Chief Judicial Magistrate, Saran at Chapra on the date fixed by the Court below which is perhaps 22nd of August, 2009. Let this order be communicated by FAX to the Court of the Chief Judicial Magistrate, Saran at Chapra and to the remand home at the cost of the petitioner. Sanjay (Sheema Ali Khan, J.)