RIMA KUMARI Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) The petitioner has invoked writ jurisdiction of this Court for her release from illegal confinement in Women Protection Home sent by the learned Judicial Magistrate, 1st Class, Muzaffarpur, vide order dated 04.12.2015 in pursuance to an order dated 09.10.2015 passed by the 14th Additional Sessions Judge, Muzaffarpur, in Cr. Revision No. 108 of 2015.

(2.) FIR in Deoriya PS Case No. 52 of 2015 has been registered under Sections 363/366A of the Indian Penal Code on a complaint by father of the petitioner. The petitioner claims that she is major and be allowed to live with her husband. It is the case of the petitioner that on 16th June, 2015, her father lodged a complaint that the petitioner had gone for purchase of detergent at about 11 A.M. but did not return. He expressed apprehension that the petitioner has been abducted by respondent no. 5 and his brother. The police of Deoriya Police Station started investigation in the case and recovered the petitioner. She stated before the police that she was in love with respondent no. 5 for the last one year and that both of them had married at Delhi and are leading a happy conjugal life. The petitioner made statement under Section 164 Cr.P.C. on 3rd July, 2015, wherein she stated that she had gone with Chandan as per sweet will and that their family members were not ready for marriage. She stated that she has solemnised the marriage on 24th June, 2015 at Arya Samaj Temple, Delhi and both of them are living as husband and wife.

(3.) It is also pleaded by the petitioner that the petitioner was examined by Medical Board and as per report dated 05.07.2015 her age has been ascertained between 19-20 years. On the basis of the report of the Medical Board, an order was passed by the learned Magistrate for setting her free being major. The father of the petitioner filed Criminal Revision against the order passed by the learned trial court which stands allowed on 09.10.2015 and the order passed by the Magistrate, dated 03.07.2015, was set aside. The matter was remitted back to the trial court to pass fresh order after considering the documents filed by her father.