High Court Patna High Court - Orders

Ritesh Kumar vs The State Of Bihar & Ors on 1 August, 2011

Patna High Court – Orders
Ritesh Kumar vs The State Of Bihar & Ors on 1 August, 2011
                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Miscellanious No.43008 of 2008
                                              Ritesh Kumar
                                                  Versus
                                     The State Of Bihar & Ors
                                     ----------------------------------

02. 01.08.2011 This is an application for quashing the order dated

19.9.2008 taking cognizance passed by learned Chief Judicial

Magistrate, Khagaria in connection with Khagaria (Muffasil) P. S.

Case No.340 of 2008 dated 14.7.2008 (G.R. No.1097 of 2008)

instituted under section 366A/34 of the Indian Penal Code.

Heard learned counsel for the petitioner and learned

counsel for the State.

I find no mistake committed by the trial court in allowing

the victim to accompany her father as she was observed minor taking

into consideration her Matriculation Certificate and opinion of the

Medical Board. If she has changed her view after attaining majority in

that situation also petitioner is none to seek any relief about her

accompany with him on the ground that he is her husband as every

major even married lady has option to remain anywhere without any

guardianship. In this case marriage is denied and I also doubt

marriage of a minor girl without observing custom of either of the

families in this ceremony.

Accordingly, this application for quashing is hereby

dismissed.

      Vikash                                             (Mandhata Singh, J.)