IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.390 of 2009 Puja Kumari @ Rita Kumari, D/o- Lakshman Jha, R/o- Village- Mahiya, P.S.- Sakatpur, Dist. Darbhanga, Bihar. .... Petitioner. Versus 1. The State of Bihar. 2. The Superintendent, Care Home/Remand Home, Patna. 3. Superintendent of Police, Darbhanga. 4. Bimlendu Kumar, ASI, cum Investigation Officer, Sakatpur Police Station. ... Respondents. ----------- 03- 22.05.2009 Heard Mr. Baban Rai for the petitioner, and Mr. Piyush Lal, learned Assistant Counsel to Additional Advocate General No.3. In pursuance of the order dated 20.05.2009, the petitioner has been produced from the remand home duly escorted by lady attendant. Her father-in-law is also personally present. 2. The petitioner claims to have fallen in love with one Baidyanath Sahani. They are residents of adjoining villages, and had opportunities of meeting each other in the clinic of said Baidyanath Sahani. On 8.11.2008, they eloped from their respective villages on a motor-cycle to Jai Nagar. It is further stated in the writ petition that both of them lived together in the same room in a hotel from 8.11.2008 to 15.11.2008. They were married as per the Hindu rites in a temple at Jai Nagar on 15.11.2008, and finally returned 2 to the boy’s home on 4.12.2008. During the period of their absence the petitioner’s father instituted a criminal case in which Baidyanath Sahani was ultimately arrested. We are informed that he has been directed to be released on bail by the order of this Court a few days ago. The legal requirements have not so far been completed and he has, therefore, not been released so far. 3. We have perused the materials on record and considered the submissions of learned counsel for the parties. We have interviewed the petitioner and her father-in- law separately in camera. We are convinced that the petitioner is more than 18 years and has, therefore, the fundamental right in terms of Article 19(1)(d) of the Constitution of India to move freely in any part of the country. The petitioner was examined by the Assistant Professor, Department of Forensic Medicine, Darbhanga Medical College, on 11.12.2008. A photo copy of his medical report dated 11.12.2008 is marked Annexure-4 to the writ petition. The Doctor has opined that the petitioner is 19 (+) (-) 1 years (Nineteen plus minus one year) of age. She is, therefore, free to marry a person of her 3 choice in view of the provisions of Hindu Marriage Act. She has stated during the course of her interview with us that she wants to go to her matrimonial home. She has also stated that marriage has already been consummated. Her father-in-law has also stated in camera before us that he has accepted her as his daughter-in-law and wants to take her to his home. 4. We are, therefore, of the view that the petitioner should be set at liberty. We accordingly order. She is released from the custody of the Remand Home, and her custody is handed over to her father-in-law just now. He takes the responsibility of her safety and security. 5. The writ petition is accordingly allowed. (S K Katriar, J.) (Kishore K. Mandal, J.) S.K.Pathak/