IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.489 of 2009 BINDESWARI PASWAN Versus STATE OF BIHAR & ORS ----------- 05 17.9.2009 Heard Mr. Sunil Kumar Singh for the petitioner, Mr. Piyush Lal, learned Assistant Counsel to AAG III for respondent nos. 1 to 3, and Mr. Vivekanand Singh for respondent nos. 4 to 6. The petitioner seeks a direction to release respondent no.4 from the custody of respondent nos.5 and 6. 2. A brief statement of facts essential for the disposal of this writ petition may be indicated. The petitioner claims to be the father of respondent no.4. Respondent no.5 is the son of respondent no.6. The petitioner lodged First Information Report bearing Alam Nagar (Ratwara) PS Case No.24/09, dated 20.4.09, alleging therein that respondent no.4 has been abducted by respondent no.5 with the aid of respondent no.6. Investigation was conducted into the allegations made in the F.I.R. leading to submission of final form, whereby the police has not charge-sheeted anybody. 3. By earlier orders of this Court, we had directed the petitioner, and respondent nos. 4 to 6, to appear personally in court. They are today personally present in court and place on record their counter affidavit. 4. We have interviewed the petitioner and his wife together in camera, and respondent nos. 4 and 5 separately in camera. It appears to us that the two families are residents of the same village, namely, Khapur, district Madhepura. The boy and the girl have known - 2 - each other for a long period, being co-villagers. Respondent nos.4 and 5 decided to marry and eloped on 19.4.2009, reached Barmanki and married as per the Hindu rites in a temple at Barmanki on 20.4.2009 whereafter they proceeded to their matrimonial home where they are living together like husband and wife. 5. The petitioner and his wife have submitted before us during the course of interview that respondent no.4 is without any education, and is in various respects unfit to marry their daughter. They foresee poor prospects for the boy. Respondent nos. 4 and 5 in their separate interview informed us that they are legally wedded husband and wife, the marriage has been consummated and they are living together like husband and wife ever since 20.4.2009. 6. It appears from the medical reports, the girl’s statement under Section 164 of the Code of Criminal Procedure, and the girl’s mark-sheet issued by the Bihar School Examination Board, that she was born on 25.12.1989. The boy is also a major, his date of birth being 4.12.1986. Both of them are, therefore, major and are entitled to marry of their own volition. In the facts and circumstances of the case, we are unable to grant any relief to the petitioner. The writ petition is dismissed. Respondent nos. 4 and 5, under the guardianship of respondent no.6, are permitted to go to their matrimonial home. ( S K Katriar ) ( Shyam Kishore Sharma ) mrl - 3 -