IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45403 of 2009 RAJ KUMAR RAI, SON OF MAUJE RAI, RESIDENT OF VILLAGE RAINI, P.S. SAKRA, DISTRICT MUZAFFARPUR. ---- PETITIONER Versus THE STATE OF BIHAR ---- OPPOSITE PARTY ----------- 3 11.1.2010 This application has been filed against the order dated 3.11.2009 passed by the Court of 1st Additional Sessions Judge-cum- Special Judge, Muzaffarpur in S.Tr. No. 682 of 2009/56 of 2009 by which the Court below has rejected the application filed on behalf of petitioner Raj Kumar Rai for the release of his legally wedded wife Jasphina @ Yashoda from the after care home at Patna. This Court had directed the petitioner and the lady to appear in this Court through the counsel appearing on behalf of the State. The parties are present in Court. Jasphina @ Yashoda appears to be a major. Both of them have consistently supported the fact that their marriage was an arranged marriage and that after the marriage they were living happily for about eight to nine months. It appears that Jasphina @ Yashoda had filed this case at the behest of some co- villagers who had instigated her to file the case. The dispute actually arose between her husband and his brother with respect to demand of property. Petitioner’s father owns about 15 bighas of land and the petitioner lives with his father and mother and looks after the said property. In Court Jasphina @ Yashoda has stated that she wants to live with her husband. Apparently she appears to be more than 17 years of age. At the most her case may be considered on the border 2 line. Since both of the parties are legally wedded and are willing to live with each other and their are no complaints with respect to ill treatment etc. by Jasphina @ Yashoda against her husband, as such I find that it would be unjust to restrain Jasphina @ Yashoda in an After Care Home. I may point out that Jasphina @ Yashoda belongs to Scheduled Tribe and is fairly innocent and it is perhaps therefore, that she was misled into filing of this case. I therefore, direct that the Court below i.e. 1st Additional Sessions Judge-cum-Special Judge, Muzaffarpur to release Jasphina @ Yashoda to ther husband-petitioner in Sessions Trial No. 682 of 2009/56 of 2009 within a period of one week from the date of receipt of a copy of this order. This application is thus allowed. Sanjay (Sheema Ali Khan, J.)