NITISH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) The present criminal writ application has been filed on behalf of the petitioner by way of Habeas Corpus seeking a direction from the respondents for release of the respondent no. 11 namely, Shivani Kumari from the respondent no. 8, namely The State Girls Care Home, Gaighat, Patna, on the ground that the respondent no. 11 was examined by the doctor and her age was assessed to be under 18 years. Her statement under Sec. 164 Cr.P.C. was also recorded where she has admitted that she moved out of her own will to the petitioner and in course of time, she has given birth to a child out of the relationship. Respondent No. 11 has also stated that she is major and the marriage is out of will. Hence, the present Habeas Corpus application has been preferred for her release in favour of the petitioner. There is a criminal case also instituted by the father of the respondent no. 11 against the petitioner i.e., Salimpur P.S Case No. 07 of 2022, wherein the petitioner has been granted bail.

(3.) Learned counsel for the petitioner has submitted that it was a case of love marriage between Nitish Kumar and Shivani Kumari and they had married voluntarily and without any force or coercion. He submitted that notwithstanding that girl was minor, she still had a legal right to live with her husband and therefore, she cannot be compelled to stay at State Girls Care Home, Gaighat, Patna. The learned counsel further submitted that the present petition has been filed by Nitish Kumar. He further submitted that since the present petition is filed seeking a writ in the nature of Habeas Corpus and the same would be maintainable in law. He has further submitted that there is no bar for releasing Shivani Kumari from State Girls Care Home, Gaighat, Patna, in view of the stand taken by Shivani Kumari herself that she had voluntarily married Nitish Kumar and she wanted to stay with him and not with her parents and therefore, no useful purpose would be served in case Shivani Kumari continues to remain in State Girls Care Home, till the age of majority.