IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.636 of 2010 RITA KUMARI @ RITA DEVI, DAUGHTER OF KAPIL RAUT WIFE OF ABHAY PASWAN RESIDENT OF VILLAGE – CHORAUT, P.S. PUPRI, DISTRICT – SITAMARHI. ………… PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA. 3. THE SUPERINTENDENT OF POLICE, SITARMARHI. 4. THE DY.S.P. PUPRI AT SITAMARHI. 5. THE SUPERINTENDENT, REMAND HOME, GAIGHAT, PATNA. 6. THE OFFICER-IN-CHARGE OF PUPRI POLICE STATION, SITAMARHI. 7. ABHAY PASWAN SON OF KISHORI PASWAN RESIDENT OF VILLAGE – CHORAUT, P.S. PUPRI, DISTRICT – SITAMARHI. 8. KAPIL RAUT SON OF SHRI RAM CHARITRA RAUT VILLAGE + P.O. – CHORAUT, P.S. PUPRI, DISTRICT – SITAMARHI. …………… RESPONDENTS. ----------- 05/ 09.08.2010 Petitioner has filed this application for a direction to the respondents to release her from illegal confinement and allow her to accompany her husband (Respondent No.7) to her matrimonial home. Petitioner, at present has been detained at Remand Home, Gaighat, Patna vide order dated 16.6.2010 passed in Pupri P.S. Case No. 81 of 2010 by the Sub-divisional Judicial Magistrate, Pupri at Sitamarhi. Pupri P.S. Case No. 81 of 2010 has been instituted by Kapil Raut (Respondent No. 8), father of petitioner under Section 366A/34 of the IPC. In the FIR the allegation has been made that the FIR named accused persons including Respondent No. 7 have taken away his daughter for illegal purposes and they may kill her. - 2 - The petitioner was apprehended by the police in connection with this case and produced before the Sub-divisional Judicial Magistrate, Pupri, where her statement was recorded under Section 164 of the Cr.P.C. and also her age was ascertained by the Magistrate. The petitioner in her statement recorded under Section 164 of the Cr.P.C. stated that she is above 18 years of age and the same assessment has been made by the Sub-divisional Judicial Magistrate. The statement of the petitioner discloses that she left her parents house out of her own sweet will, with Respondent No. 7, as she did not went to marry the persons with whom her father had fixed her marriage. She wanted to marry the man of her own choice i.e. Respondent No. 7 and accordingly, she solemnized her marriage. She also disclosed in her statement recorded under Section 164 Cr.P.C. that she is pregnant. The Medical Board also in its’ report found the petitioner pregnant, carrying the foetus of eight weeks, on account of her pregnancy, her age determination could not be done by the Medical Board, as certain tests would have been harmful for the foetus. Today the girl has been brought from Remand Home and produced in Court. The mother and father of Respondent No. 7, the husband of the petitioner, are present in Court. The father of - 3 - the petitioner, who is informant of Pupri P.S. Case No. 81 of 2010, is also present. The petitioner was asked to disclose her option regarding the place where she would like to go, on being released from the Remand Home. She expressed her willingness to go with her mother-in-law and father-in-law. The father of the petitioner did not put any objection to the option of petitioner. Considering the fact that petitioner is legally married and carrying pregnancy as well as she has shown her willingness to accompany her mother-in-law and father-in-law, it is directed that she be released at once from the Remand Home, where she is presently detained as per the judicial order. She is allowed to accompany her mother-in-law and father-in-law from the Court itself. She is directed to complete formalities for her release. This application is allowed. DKS/ (Mridula Mishra, J.) (Dharnidhar Jha, J.)