IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.346 of 2010 OM PRAKASH JAISWAL . Versus STATE OF BIHAR & ORS . ----------- 4 24.08.2010 Petitioner Om Prakash Jaiswal has filed this writ application with a prayer to direct the respondents to produce his legally wedded wife, namely, Nikki Kumari and allow her to go with him and to lead their conjugal life. Petitioner and Nikki Kumari were in love with each other and thereafter decided to leave their parents' house to solemnize their marriage on 16.10.2009. Petitioner and Nikki Kumari got married and thereafter they proceeded for Delhi and lived there for sometime. The brother of Nikki Kumari, in the meantime instituted a police case vide Dhaka P.s. case No. 138 of 2009 for offences under Sections 363/366A/34 of the Indian Penal Code against the petitioner and his family members alleging that the minor sister of the informant has been abducted by the accused persons for some illegal purposes. In course of investigation petitioner was arrested and sent to jail, Nikki Kumari was also apprehended and produced 2 before Judicial Magistrate, where her statement was recorded under Section 164 of the Code of Criminal Procedure,. Nikki Kumari in her statement disclosed that the allegation made in the First Information Report regarding her abduction is incorrect. She herself accompanied the petitioner and after marriage they are living as husband and wife. The Judicial Magistrate assessed her age 17 years and the Medical Board assessed the age of Nikki Kumari in between 18 to 21 years. As per the report of the Medical Board she reported to be positive in pregnancy Test. While Nikki Kumari was produced before Magistrate, her mother was also present and Nikki Kumari expressed her desire , to accompany her mother, since she was given this assurance that she will be allowed to go with her husband, once he is released on bail and after solemnizing their marriage against in the knowledge of the society. Considering this assurance, Nikki Kumari went with her mother to her parents’ house. Today Nikki Kumari as per direction of this Court has been produced in Court, and she has 3 disclosed that her pregnancy has forcibly been terminated by her parents. She is being tortured mentally and physically by them. Similar statement has been made by the petitioner regarding the torture of his legally wedded wife by her parents. In Para 9 of the writ application it is stated that the legally wedded wife of the petitioner is being tortured and she is not being allowed to go out of her house. She is also being threatened by her father that if she will meet the petitioner, then he will kill her. In presence of her brother, Nikki Kumari, was asked to disclose whether she is willing to go to her parents house or she want to accompany her husband, the petitioner. She, unhesitatingly disclosed that she want to go with her husband and is not interested in going with her parents. Considering the fact that Nikki Kumari’s pregnancy was forcibly terminated by her parents, we do not feel inclined to allow the girl to go with her parents, because of her safety and security. Counsel appearing for the respondent no.3 made persuasive submission for allowing the Nikki 4 Kumari to accompany her brother, but the fact remains that her pregnancy was terminated by her family members. In that view of the matter, we do not feel convinced despite assurance given by respondent no.3 and to allow her to go with respondent no.3. In the facts and circumstances of the case, the legally wedded wife of petitioner namely, Nikki Kumari is directed to accompany the petitioner from the Court itself. The writ application stands allowed. Akumar ( Mridula Mishra, J.) (Shyam Kishore Sharma,J.)