SMITA SINHA Vs. STATE

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India in the nature of habeas corpus for release of the petitioner who is detained illegally in the Remand Home.

(2.) It is stated that the petitioner fell in love with one Manoj Kumar Rajak and they liked each other and ultimately they married with free consent at Birla Mandir, New Delhi. She left her parental home with Manoj Kumar Rajak on 21.1.2002 with her consent. Thereafter, she went to Vaishno Devi Temple in Jammu & Kashmir and thereafter she came back to home. In the meanwhile, the FIR was lodged. She was also examined under Section 164, Cr PC claiming to be aged about 19 years and she claimed to perform marriage with the accused Manoj Kumar Rajak.

(3.) On the other hand the respondent No. 6 filed a counter affidavit claiming therein that the petitioner is not a major girl and actually Manoj Kumar Rajak kidnapped the minor girl/petitioner by giving her false assurance of marriage. It is further stated that the petitioner may be released from Remand Home for which a release petition has also been filed and the petitioner was already examined by the Medical Board and her age was assessed to be near 18 years. It is also stated that though a statement under Section 164, Cr PC was made by the petitioner, but the same is void ab initio, as the petitioner is a minor girl.