RAJ KISHORE Vs. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, HOME DEPARTMENT OLD SECRETARIAT, PATNA & ORS.

JUDGEMENT

(1.) In the present application filed under Articles 226 & 227 of the Constitution of India, the petitioner has made the following prayers in paragraph no. 1:-

(2.) Learned counsel for the petitioner has submitted that the victim is a minor and the court below ought to have released her in favour of the petitioner as he being the father of the victim was the best person to take her proper care.

(3.) On the other hand, learned counsel for the State has submitted that there is no illegality in the impugned order dated 12.01.2015 passed by the learned Chief Judicial Magistrate, Vaishali. He has further submitted that it would appear from the impugned order that the victim was assessed to be a girl aged about 20 years or above. The victim was examined by the learned Chief Judicial Magistrate and she had clearly stated that she was not abducted by anyone and out of her own sweet will, she had married the accused Raja Shah and she wanted to live with him in her matrimonial home.