SANGEETA KUMARI @ PINKI KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is in fact aggrieved by the F.I.R. bearing Jhajha Railway Case No. 29 of 2009 instituted by her father namely Ramesh Chandra, respondent no. 4.

(2.) It is stated by the informant that on 31.7.2009 he along with his daughter, the petitioner, were traveling from Dhanbad to Barauni by Maurya Express on berth nos. 18 and 19 of the A.C. Coach. When he got up at Jhajha Railway Station, he did not find his daughter on her berth. He believed that one Ved Prakash Ram, who is posted in D.S.T.I, at Choupan was responsible for her abduction.

(3.) The petitioner states that the allegation is absolutely false. In fact she wants to marry her friend Ved Prakash Ram. However, she got resistance in this regard from her parents and as such she filed an informatory petition bearing no. 994/09 before the Chief Judicial Magistrate, Begusarai. She further states that when she learnt about lodging of the instant case, she wrote to the Superintendent of Police, Railway, Jamalpur, as would be evident from Annexure-4. She states that she is a major and in support of her submission she has also sworn an affidavit, contained in Annexure-3. The petitioner submits that as she is a major, she has every right to live with a person of her choice and there cannot be curtailment of her movement by any one even by her parents. In support of her contention, she relied upon a decision of the Hon'ble Apex Court in the case of Lata Singh vs. State of U.P., 2006 3 PLJR(SC) 329, particularly paragraph-17 wherein it has been held that a major boy or girl is free to marry anyone of their choice. It was further observed that there is no bar to an inter-caste marriage under the Hindu Marriage Act or any other law and the administration/police authorities throughout the country was directed to see that no case of harassment, threat or acts of violence takes place against a couple who have undergone inter-caste or inter-religious marriage.