IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.187 of 2009 Md. Phul Babu, S/o Basir Aahmad, resident of village- Mahuain, P.S. Bajpatti, District- Sitamarhi, at present residing at Mohala Gausia Masjid Kharkhaeli Barar Path Nala West, District- Thane, Mumbai Maharashtra. ..... Petitioner. Versus 1. The State of Bihar, through the Chief Secretary. 2. The Director General of Police, Bihar, Patna. 3. The Superintendent of Police, Sitamarhi. 4. The Dy. S.P. Pupri at Sitamarhi. 5. The Officer-in-Charge of Bajpatti Police Station, Sitamarhi. 6. Shri Siya Ram Sah, S/o late Ram Bilas Sah, resident of Village- Mahuain, P.S. Bajpatti, Dist.- Sitamarhi. 7. The Superintendent, Remand Home, Gaighat, Patna. 8. Madhvi Kumari @ Aiyasa Khatoon W/o Md. Phool Babu, resident of village- Mahuain, P.S. Bajpatti, District- Sitamarhi. ....Respondents. ----------- 06- 5.8.2009 Mr. Ashok Kumar Jha for the petitioner, Mr. Roy Shivaji Nath, learned Additional Advocate General No.4 for respondent nos.1 to 5 and 7, and Mr. Dilip Kumar Mishra for respondent no.6 are present. In view of our order dated 1.7.2009, the petitioner, respondent no.8, and her full-brother are present. We have interviewed them separately in camera. The petitioner and respondent no.8 have stated that they are happily married and have a child. In fact, the couple is present before us with their infant child. The brother of respondent no.8 claims that the girl was, at 2 2 the time of their marriage, a minor, is still a minor, and, therefore, incapable of giving her free consent for marriage. He is willing to take her sister along with the child to his home. 2. It appears that respondent no.8 was earlier sent to Remand Home while she had a child two months old. By order dated 2.4.2009, this Court had directed the girl and the child to be released to the petitioner subject to further orders. The petitioner personally gives undertaking before us that he will keep respondent no.8 and the child happy and in proper care. We are at this stage unwilling to accede to the prayer of the brother of respondent no.8 to take her to his home. The petitioner and respondent no.8 are allowed to leave the Court together. 3. The writ petition is accordingly disposed of. (S K Katriar, J.) (Jyoti Saran, J.) S.K.Pathak/