IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellanious No.43008 of 2008
Ritesh Kumar
Versus
The State Of Bihar & Ors
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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.)