IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.273 of 2009 Guddu Mian @ Md. Anwar Khan @ Guddu Khan S/o Badru Khan resident of Mohalla-Sahchoura PO Digha, Police Station- Danapur, District Patna.....petitioner Versus 1. The State of Bihar 2. The Superintendent of Police, District Patna 3. The Deputy Superintendent of Police, Sub-division, Danapur, District Patna 4. The Officer-In charge of the Danapur Police Station Danapur, Patna 5. Nripendra Kumar @ Bachcha Babu S/o late Ram Swarup Lal, Danapur Registry Office Sattichoura, police station- Danapur, District Patna 6. Deepa Kumari D/o Shri Nripendra Kumar residence of Mohalla- Satichoura, post Digha, PS Danapur, District Patna.......respondents 4 20.5.2009 Heard the parties including learned counsel for the State. In compliance of order passed in this case on 8.5.2009 respondent no.5 as well as respondent no.6, Dipa Kumari are present before this Court. The petitioner has alleged that respondent no.6 is his wife and she wants to live with him but is kept in restraint by her family members, particularly respondent no.5, her father. We have examined respondent no.6 by putting direct questions. She has categorically replied that she thinks that she is legally married wife of the petitioner and she wants to live with the writ petitioner wherever he resides. Respondent no.6 has also supported the plea of 2 the writ petitioner regarding her date of birth. According to Annexure-1 to the writ petition, the date of birth of respondent no.6, Dipa Kumar is 6.8.1989. In person also, she has supported this fact. Hence, as on date respondent no.6 is clearly a major and we have no hesitation in accepting this conclusion. She has categorically expressed her desire to reside with the writ petitioner and not with her parents. She has hinted that some of her relations had ill treated her on account of her decision to marry the writ petitioner. In view of aforesaid facts and findings there is no difficulty in disposing of this writ petition because now respondent no.6 has already appeared in this Court and has expressed her desire to go with the writ petitioner and live with him. Accordingly, the writ petition is allowed to the aforesaid extent. This Court is concerned regarding safety and security of respondent no.6 and hence it is observed that if she asks for any help for his security, the concerned police officials of Danapur or the Senior Superintendent of Police, Patna shall consider her request with due seriousness and take required action as per law. 3 The Deputy Superintendent of Police, Danapur is present. He has assured this Court that he will take the writ petitioner and respondent no.6 with him to the house of writ petitioner so that no untoward occurrence may happen on account of this case. Hence, no further orders are required for safety of respondent no.6 as on date. It is not necessary for us to be drawn into the controversy as to whether the Nikahnama produced to show marriage between the writ petitioner and respondent no.6 is valid or not. However, the writ petitioner himself assured this Court that as a precautionary step and to protect the interest of respondent no.6 he would get married with the respondent no.6 even under the provisions of Special Marriage Act so that there remains no apprehension regarding future life of respondent no.6. He has assured that developments regarding marriage under the Special Marriage Act shall be placed before this Court through an affidavit to be filed within three months. Only for the purpose of going through the affidavit which the writ petitioner has undertaken to file, let this matter be listed under the heading ‘To Be Mentioned’ after three 4 months. This writ petition is, for all practical purposes, finally disposed of. (Shiva Kirti Singh, ACJ) (Mandhata Singh, J.) sk