IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1243 of 2010 MD.EQUEBAL @ EQUEBAL Versus THE STATE OF BIHAR & ORS. ----------- 4/ 20.12.2010 Heard learned counsel for the parties. Petitioner Md. Equebal alias Equebal has filed this application for directing the respondent authorities to release his wife, namely, Sana Begum alias Sana Baby alias Bibi Sana, who is presently detained at Remand Home, Gaighat, Patna. Sana Begum has been remanded to the Remand Home in connection with Jokihat P.S. Case No. 194 of 2010 by the order dated 23.8.2010 passed by the C.J.M., Araria. Sana begum was apprehended by the I.O. along with the petitioner in connection with this case, which was instituted by her father alleging commission of offence under sections 366A/34 and 506 of the IPC by the petitioner Md. Equebal and his family members. The FIR was instituted alleging that the minor daughter of the informant was abducted by the accused persons for some illegal purposes. However, when Sana Begum was produced before the C.J.M. and her statement was recorded under section 164 of the Code of Criminal Procedure, she disclosed some other story, which indicated that she herself had left her parents’ place as she fell in love with the petitioner, she got married with the petitioner and, as per her statement, they are husband and wife. When she disclosed her age, she claimed that she is not minor. Along with this writ petition, the report of the medical board has been annexed wherein the age of Sana Begum has been 2 assessed in between 19-20 years. As per the medical report, she is not a minor though this fact was duly noticed by the C.J.M. Araria but, considering the allegations made against the petitioner in the FIR, did not find it safe to release Sana Begum in favour of the petitioner. The petitioner is named as accused in the FIR. The approach of the C.J.M. in this regard was not in accordance with law. Considering the age of Sana Begum, there was no reason to remand her to the Remand Home. She should have been set at liberty to go with any one wherever she liked. In this view of the matter, this application is allowed and order dated 23.8.2010 passed by the C.J.M in connection with the above noted case is quashed. Sana Begum has been produced in court. She is set at liberty and is allowed to go wherever she likes. Counsel for the state is directed to send this order to the Superintendent, Remand Home, Gaighat, Patna through Fax at the cost of the petitioner. Anil/ (Mridula Mishra, J.) ( Dharnidhar Jha, J.)