IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.147 of 2009 Sushil Kumar @ Sushil Kumar Singh s/o Baijnath Pd. Singh, r/o village – Kulharia, P.S. – Koilwar, Bhojpur (Bihar) Versus 1. The State Of Bihar through the Chief Secretary, Bihar, Patna 2. S.P., Bhojpur, Ara 3. Superintendent, After Care Home, Patna 4. Khusbu Kumari @ Sandhya Kumari d/o late Parwal Singh and w/o Sushil Kumar Singh, P.S. Koilwar, Bhojpur (Bihar) ----------- For the petitioner : Mr. Yogendra Kr. Singh Mr. Ajit Kumar, Advocates For the State : Mr. Narmdeshwar Jha, AAG – VII --- 4 4-3-2009 In this application prayer of the petitioner is to set at liberty his wife Khusbu Kumari @ Sandhya Kumari - respondent no.4 herein. It is the assertion of the petitioner that he had married respondent no.4 according to the Hindu rites but as the same was against the wishes of her mother, she had lodged Koilwar P.S. Case no. 226 of 2008 under section 366 A of the Indian Penal Code. In the said case, she has been directed to be kept in the After Care Home. By order dated 27.2.2009, we had directed the Superintendent, After Care Home, to produce respondent no.4 before this court. - 2 - She has been produced. By order dated 2.3.2009, we had also directed the Superintendent of Police, Bhojpur to cause production of her mother Gayatri Kuar. She is also present. We had enquired the wishes of Khushbu Kumari. She has categorically stated that she does not want to go along with her mother. Khushbu Kumari has been examined by a team of doctors who had assessed her age between 17 to 19 years. In the statement recorded under section 164 of the Code of Criminal Procedure, she has disclosed her age as 19 years and learned Magistrate had assessed her age as 18 years. On the basis of the materials on record, for the purpose of this case, we are of the opinion that respondent no.4 Khushbu Kumari is major. Once it is found so, she has liberty to go and live at the place of her choice. Petitioner, who is present in person, states that he will treat respondent no.4 with dignity. - 3 - In view of aforesaid, respondent no.4 Khushbu Kumari alias Sandhya Kumari is set at liberty. She can go to a place of her choice. Application stands disposed off, accordingly. Neyaz/- C. K. Prasad, ACJ. Dharnidhar Jha, J.