IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ No.1203 of 2012

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DHIRAJ KUMAR, S/O NAGESHWAR PASWAN R/O MOHALLA

ALAKAPURI, P.S GARDANIBAG, DISTRICT PATNA.

.... .... PETITIONER/S

VERSUS

1.THE STATE OF BIHAR, THROUGH ITS CHIEF SECRETARY,

GOVERNMENT OF BIHAR, PATNA.

2.DIRECTOR GENERAL OF POLICE, GOVERNMENT OF BIHAR,

PATNA.

3.SENIOR SUPERINTENDENT OF POLICE, GOVERNMENT OF

BIHAR, POLICE BUILDING, GANDHI MAIDAN, PATNA.

4.CITY SUPERINTENDENT OF POLICE, GOVERNMENT OF

BIHAR, POLICE BUILDING, GANDHI MAIDAN, PATNA.

5.DEPUTY SUPERINTENDENT OF POLICE, GOVERNMENT OF

BIHAR, PATNA SADAR, PATNA.

6.OFFICER

IN

CHARGE,

GOVERNMENT

OF

BIHAR,

GARDANIBAG POLICE STATION, PATNA.

7.MANORATH RAI, S/O LATE RAMESHWAR RAI,

8.SUNITA DEVI W/O MANORATH RAI.

9.MALTI KUMARI W/O DHIRAJ KUMAR AND DAUGHTER OF

MANORATH RAI.

ALL PERMANENT RESIDENT OF VILLAGE CHAKALA, P.S

MOHINDDINNAGAR, DISTRICT SAMASTIPUR AND AT PRESENT

RESIDING AT NEW ALAKAPURI, P.S GARDANIBAG, DISTRICT

PATNA.

.... .... RESPONDENT/S

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CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA

and

HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI

ORAL ORDER

(Per: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA)

3/ 19-12-2012

Heard Counsel for the parties.

Pursuant to our earlier order passed

yesterday respondent no. 7, Manorath Rai and

respondent no. 9, Malti Kumari have appeared in

person. This Court has asked respondent no. 9,

Malti Kumari about the alleged marriage whose

certificate has been enclosed as Annexure-1 to

this writ application. The said certificate

Patna High Court CR. WJC No.1203 of 2012 (3) dt.19-12-2012

2

issued by the Marriage Officer, Patna dated

28.08.2010 goes to show that respondent no. 9

had been married to the petitioner. This Court

has asked about the genuineness of the said

marriage certificate from respondent no.9, Malti

Kumari and she has fully affirmed it. She has

further stated that she would like to reside

with her husband, the petitioner.

When such stand has been taken, the

father, respondent no. 7 has frankly conceded

that since his daughter respondent no.9 is a

major, there would be no choice for him but to

accept the her decision and allow her to lead

her life with her husband, the petitioner.

We in order to satisfy ourselves have

perused the materials on record including the

certificate of Bihar School Examination Board,

Patna showing date of birth of respondent no. 9,

Malti Kumari to be 03.03.1992, which would mean

that she is aged about more than 20 years as on

date.

Having

regard

to

this

aspect

that

respondent no. 9 is a major and has already

been married to the petitioner as also she wants

to reside with him, we see no reason not to

allow the prayer of the petitioner made in this

writ application.

Patna High Court CR. WJC No.1203 of 2012 (3) dt.19-12-2012

3

It has to be noted that the father of the

petitioner also is present in the Court room and

has assured this Court alike the petitioner that

he and his other family members too will welcome

respondent no. 9, Malti Kumari as well as extend

to her the due care and dignity.

That

being

so,

this

application

is

allowed and respondent no. 9, Malti Kumari is

directed to be set at liberty to go to any place

of her choice including the place of her

husband.

This Court would fail in its duty if it

does not record appreciation for the prompt

action taken and assistance rendered by Mr.

Vikas Kumar, learned Counsel for the State, in

getting this writ application disposed of.

Ranjan

(Mihir Kumar Jha, J)

(Aditya Kumar Trivedi, J)