VIKASH KUMAR SINHA @ VICCKY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present application has been filed for setting aside the order of Additional District and Sessions Judge XII, Patna, passed in Cr. Rev. No. 227/06 whereby the learned Judge holding the girl, in question (so referred for anonymity) was not a major directed that she be released in favour of her natural parents.

(2.) The short facts are that the petitioner alleges that the girl, in question, is a major and. out of her sweet will and consent she married him and the marriage was duly solemnized under the provisions of Special Marriage Act. Immediately, thereafter the mother of the girl, in question, filed an FIR that the petitioner and his family members had kidnapped the girl, in question, also she allegedly made a statement before the Magistrate under sec. 164 Cr.P.C. that she was adult and had married the petitioner and wanted to stay with him. She and the petitioner are said to have filed an application to that effect before the Chief Judicial Magistrate. Under these circumstances, she was ordered to be released in care of her alleged uncle-in-law. This is an order that was set aside in revision by the Additional Sessions Judge, Xllth, Patna and impugned in this court.

(3.) Initially this Court being persuaded by the statement under Sec.164 Cr.P.C. and basing the factum of registered marriage, by order dated 7.11.2006 directed for production of the girl under proper escort before this Court. On mention being made this Court took up the matter on 9.11.2006 wherein this court gave time to the mother of the girl to produce the girl in court yesterday.