IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.536 of 2009 DHIRENDRA KUMAR, SON OF KAMESHWAR YADAV, RESIDENT OF VILLAGE JHANTA PAR, P.S. SARE, DISTRICT- NALANDA. ----- PETITIONER Versus 1. THE STATE OF BIHAR. 2. SUNAINA DEVI, WIFE OF SHRI KAMESHWAR YADAV, VILLAGE- JHANTA PAR, P.S.- SARE, DISTRICT- NALANDA. ----- OPPOSITE PARTIES. ----------- 4 30.7.2009 Heard learned counsel for the petitioner, counsel for the Informant and the counsel appearing on behalf of the State. This application has been filed challenging the order dated 3.12.2008 passed by the Chief Judicial Magistrate, Nalanda in Sare P.S. Case No. 62/2008. An application was filed on behalf of Sunaina Devi to release her son from remand home on the ground that her son was a minor and on the allegation that he has been kidnapped by certain persons mentioned in the petition. The statement of the petitioner was recorded on 17.9.2008 under Section 164 Cr.P.C. stating that he was kidnapped by certain persons mentioned therein at the instance of his father. He further states that he managed to escape and he went to Delhi 2 with his wife and is living with his wife even today. Dhirendra Kumar alleges that he has falsely been made accused in a case of kidnapping and that he is happy with his wife and does not want to live with his father and mother. The Chief Judicial Magistrate, Nalanda constituted a Medical Board. The Medical Board came to a finding that the boy is 22 to 23 years old. The Court also assessed the age of the boy as 21 years of age. However, the other side produced a certificate and an admit card of the Bihar School Examination Board which shows the name of the victim boy as Dhirendra Kumar and also shows his date of birth as 5.10.1991. The Court relying on a decision reported in 2008(2)B.C.C.R. 340 rejected the prayer of Dhirendra Kumar to be released from the remand home and also rejected the prayer of the mother Sunaina Devi for release of the boy from custody. This Court wanted to satisfy itself regarding the age of the boy in question and, therefore, directed by order dated 21.7.2009 3 that the boy should be produced in Court. Dhirendra Kumar, his mother and father are all present in Chambers today. It is apparent that Dhirendra Kumar is not a minor and it is obvious that the date of birth of the boy has been wrongly recorded as 5.10.1991 in the admit card of Bihar School Examination Board, at the behest of the parents or may be on account of starting his studies late or some other reasons. I have no doubt in my mind that Dhirendra Kumar is at least 21 years old. It appears that there is dispute between the parents and the boy regarding the choice of bride made by Dhirendra Kumar. According to the parents the girl was earlier married and their son has not married her out of his free will rather he has been forced into marriage. It is contended on behalf of the petitioner that the marriage is fully supported by the lady’s/wife’s family, he further states that there is no threat to his parents or anyone and the allegations made against him and his In Laws are all false. 4 Dhirendra Kumar further states in Court that the girl has married earlier and her husband has abandoned her and he is quite happy to be living with his wife and wants the permission of this court to be free to lead his own life, and be released from the remand home. Since the Court finds that the boy/man is a major the order dated 3.12.2008 passed in Sare P.S. Case No. 62 of 2008 by the Chief Judicial Magistrate, Nalanda is quashed. Dhirendra Kumar who has been produced from custody shall return back under escort until he is released by the order of the Chief Judicial Magistrate, Nalanda at Biharsharif in accordance with law keeping in view the fact that the petitioner is not a minor. This application is disposed of. The counsel for the petitioner is permitted to deposit the cost of FAX for communicating this order to the Court of the Chief Judicial Magistrate, Nalanda, Biharsharif. Sanjay (Sheema Ali Khan, J.)