IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.233 of 2010 RAJIV KUMAR Versus STATE OF BIHAR & ORS ----------- 3. 9.8.2010. Heard. The petitioner claims to be the husband of respondent no.5, namely, Smt. Bandana Kumari. Prayer of the petitioner is for a direction to respondents no.4 and 5 to release his wedded legal wife(respondent no.5). Counsel for the respondent no.4 and 5 have denied the claim of the petitioner. A counter affidavit has been filed by the senior superintendent of police respondent no.2 and the deputy superintendent of police, Danapur respondent no.3 annexing the statement of respondent no.5 as recorded under Section 164 Cr.P.C. in connection with the Danapur P.S.Case No.56 of 2010. In her statement the respondent no.5 has stated that she never solemnized marriage with the petitioner and never lived with him even for an hour and the documents which she had handed over to the petitioner for the purposes of her employment has been fabricated and converted into her marriage certificate. Considering the statement of respondent - 2 - no.5 recorded under Section 164 of the Cr.P.C. the claim of the petitioner regarding his legal marriage with respondent no.5 is completely demolished and in the circumstance respondent no.5 should not be released from the lawful guardianship of her parents. She has not supported the case of the petitioner that she has married with the petitioner. This application is dismissed. B.Kr. ( Mridula Mishra,J. ) ( Dharnidhar Jha, J. )