RAJ NARAYAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner seeks quashing of the order dated 20.12.2011 passed by the District and Sessions Judge, Buxar, in Cr. Revision No. 135 of 2011 by which he has affirmed the order dated 28.9.2011 passed by the Chief Judicial Magistrate, Buxar, in Buxar (M) P.S, Case No. 209 of 2011 by which he has released his daughter from the custody of the Court.

(2.) Facts of the case are that the petitioner had instituted a case against the accused persons for kidnapping his daughter who was allegedly a minor as stated in the School certificate. During investigation the girl was recovered and she was medically examined and found to be of 17-18 years and when she was produced before the Magistrate, she gave her statement recorded under Section 164, Cr.P.C. wherein she stated that she was 19 years of age and married with one of the accused persons and, therefore, no offence of kidnapping is made out against the accused persons. Thereafter, a petition was filed on behalf of the petitioner submitting therein that his daughter be released in his favour since she was a minor. However, disagreeing with the submission of the petitioner, the girl was released holding her to be an adult of 19 years of age.

(3.) The counsel for the petitioner submits that a strange procedure had been adopted by the Magistrate as much as his daughter's teeth were counted and it is on this basis that she was released. However, I find that, that was not the only reason why she was released. In fact there were other materials on record to confim that she was a major.