IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1133 of 2010 PAYAL KUMARI @ PAPPU Versus STATE OF BIHAR & ORS ----------- 3. 8.11.2010 . This application has been filed by Payal Kumari @ Pappu for a direction to respondent no.6 to release her and allow to go in the company of her father-in-law since her husband is at present, in custody, in connection with Bhagwanpur Bazar P.S.case No.107 of 2010 instituted by her father, alleging her abduction by accused persons named in the F.I.R. The allegation has been made on the ground that Payal Kumari is minor and illegally she has been abducted. On perusal of the order dated 21.6.2010 passed by Chief Judicial Magistrate, Saran at Chapra in connection with Bhagwan Bazar P.S.Case No.107 of 2010, it transpires that Payal Kumari @ Pappu was apprehended by the investigating officer in connection with the aforesaid police case and produced before the Chief Judicial Magistrate, Saran at Chapra. At that very time, Kanchan Sah @ Kanchan Kumar Gupta, father of Yaswant Kumar Gupta, husband of the petitioner, had filed an application for allowing Payal Kumari to go in his company, on the ground that she is his daughter-in-law and married to his son Yaswant Kumar Gupta. However, the court below remanded Payal Kumari 2 to the Remand Home on account of school leaving certificate produced by the father of Payal Kumari, wherein her date of birth has been mentioned as 25.12.1992. It is apparent that the Chief Judicial Magistrate, Saran at Chapra while passing the impugned order dated 21.6.2010, completely ignored the medical report produced by the investigating officer, wherein the age of the petitioner has been assed as 19-20 years, though this fact has been mentioned in the order of Magistrate. The petitioner herself has expressed her desire before the Chief Judicial Magistrate, Chapra that she wants to go in the company of her father-in-law. She has completely denied the allegations made in the FIR of Bhagwan Bazar P.S.Case No.107 of 2010 regarding her abduction by the accused persons. The order passed by the Chief Judicial Magistrate, Saran at Chapra was challenged by Payal Kumari by filing Cr.Revision No.231 of 2004/34 of 2010 before the Ist Additional Sessions Judge, Saran, Chapra but the same was dismissed and the order passed by C.J.M. Saran at Chapra confirmed. Considering this fact, the order passed by the Chief Judicial Magistrate, Saran at Chapra dated 21.6.2010 and the order dated 6.9.2010 passed by the Ist Additional Sessions Judge are quashed and the 3 petitioner Payal Kumari @ Pappu is directed to be released from the Remand Home, Gaighat, Patna. The Superintendent, Government Remand Home, Gaighat, Patna is also directed to release the petitioner to go in the company of father-in-law. This application is allowed. B.Kr. ( Mridula Mishra,J. ) ( Dharnidhar Jha, J.)