IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.943 of 2011 Golu Kumar @ Mukesh Kumar, Son of Bhadur Prasad, resident of Adhivakta Nagar, P.S. & District-Gopalganj. –Petitioner. VERSUS 1. The State of Bihar. 2. The District Magistrate, Gopalganj. 3. The Superintendent of Police, Gopalganj. 4. The Officer Incharge of Gopalganj, Police Station Gopalganj. 5. Bhim Singh, Son of Late Ramasarya Singh, resident of Rajeev Nagar, Ward No.14, District-Gopalganj. 6. Riyua Singh @ Riya Kumari, Wife of Golu Kumar @ Mukesh Kumar, Daughter of Sri Man Singh, at present residing of Rajeev Nagar, Ward No.14, District-Gopalganj. –Respondents. ----------------- 04 12.12.2011 By the present writ application, the petitioner seeks release of respondent no.6, allegedly, his wife from the illegal custody of her parents. Prima facie, in our view, her statements under Section-164 Cr.P.C., we were convinced and issued notices to the girl and her parents. They have since appeared and we are hearing this matter in Chambers. Counter affidavit has also been filed controverting the basic facts. In the counter affidavit, it is stated that as per school certificate the age of the girl at the time of occurrence was about 14½ years which would make at best her age to be 15½ years today. In the counter affidavit, it is stated on behalf of the girl that an application was filed in the Court below that she wants to stay with her parents. We interviewed the girl alone and she expressed desire to stay with her parents and unwillingness to go with the petitioner. - 2 - Be that as it may, we do not express any opinion on the merits of the matter except that she appears to be a minor and, that being so, she being unwilling to go out of the custody of her parents, there can be no Writ of Habeas Corpus that can be issued. She is not being detained by any person against her Will or in violation of any law that being so. This writ petition is dismissed. The girl, respondent no.6, is free to reside where she desires and her parents decides so long as she is a minor. Trivedi/ (Navaniti Prasad Singh, J.) (Ashwani Kumar Singh, J.)