IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.22 of 2011 SHAMBHU KUMAR @ SHAMBHU RAI Versus THE STATE OF BIHAR & ORS. ----------- 2. 11.01.2011. Heard. Petitioner has filed this application for a direction to the respondents for releasing his wife Puja Kumari, presently residing at Remand Home, Gaighat, Patnacity in his favour. Puja Kumari herself appeared before the Additional Chief Judicial Magistrate, Barh when she came to know about filing of Bakhtiarpur P.S.case No.236 of 2010 by her father against her husband and her family members under Section 366A and 34 of the Indian Penal Code. On her appearance, the court recorded her statement under Section 164 of the Cr.P.C. where she completely denied the allegations made in the FIR regarding her abduction by her husband Shambhu Kumar @ Shambhu Rai and others. She made a statement that because of her liking for Shambhu Kumar @ Shambhu Rai, she herself went to get her marriage solemnized with the petitioner, without there being any consent 2 of her parents, as she is major. Now, being husband and wife and also being major she wants to live with her husband. The age of Puja Kumari was assessed by the medical officer, on the direction of the Court and her age was assessed above 19 years. Counsel for the petitioner submits that despite the fact that in the opinion of the medical officer, Puja Kumar was above 19 years and she in her statement recorded under Section 164 Cr.P.C. has disclosed her age to be 20 years, the Additional Chief Judicial Magistrate, Barh passed an order on 3.12.2010 releasing Puja Kumari in favour of the informant of Bakhtiarpur P.S.case No.236 of 2010, who is her father. The Additional Chief Judicial Magistrate, Barh has ignored the medical report and placing reliance on the matriculation certificate of Puja Kumari produced by her father, passed an order releasing her in favour of her father. In the matriculation certificate, date of birth of Puja Kumari has been disclosed as 10.02.1995. Along with the writ application, the petitioner has annexed a petition filed by Puja Kumari before the Superintendent of 3 Remand Home, Gaighat, Patnacity, refusing to accompany her father, in compliance of the release order dated 03.12.2010 passed by Additional Chief Judicial Magistrate, Barh. In this petition she has stated that in case she is compelled to go with her father, she apprehends danger to her life. There is all possibility that she and her husband will be killed. Being major she cannot be compelled to go with any one, unless she is desirous for the same. The Superintendent, State Remand Home, Gaighat, Patnacity, in response to the petition of Puja Kumari, filed a petition before Additional Chief Judicial Magistrate, Barh along with the petition filed by Puja Kumari, apprising the court regarding refusal of Puja Kumari to company her father, despite the release order being passed by this court. Considering all these facts, we are of the view that Puja Kumari being a major is entitled for deciding her own course of life and the people with whom she wants to live. There is an admission of Puja Kumari regarding her marriage with this petitioner. It has also been claimed by the petitioner 4 that he is husband of Puja Kumari, and both of them being major, can not be complelled to lead a life of separation, unless there is any judicial order of competent Court. Since there is no such order, neither they are willing to live separately, as such, on account of an order of release passed by Additional Chief Judicial Magistrate, Barh Puja cannot be compelled to go with her father, instead of her decision to live with her husband. In the facts and circumstances, we find that Additional Chief Judicial Magistrate, Barh, by passing order dated 3.12.2010 has committed a serious error of jurisdiction as he has ignored the medical report as well as the statement of Puja Kumari recorded under Section 164 Cr.P.C. Both these documents were sufficient to hold that Puja Kumari is major and now her father is no more her legal guardian. Being major, she was free to decide her course of action and free to live with the person of her choice. Accordingly, the order dated 3.12.2010, passed in connection with 5 Bakhtiarpur P.S.Case No.236 of 2010 by Additional Chief Judicial Magistrate, Barh is quashed. The Superintendent, State Remand Home, Gaighat, Patnacity is directed to release Puja Kumari immediately. The order is directed to be communicated to Superintendent, State Remand Home, Gaighat, Patnacity, for releasing Puja Kumari immediately. Let this order be communicated to the court concerned through fax at the cost of the petitioner. B.Kr. ( Mridula Mishra,J. ) ( Dharnidhar Jha,J.)