Vijay Bishnoi, J. - (1.) THIS criminal misc. petition under section 482 Cr.P.C. is directed against the order dated 31.07.2014 passed by Judicial Magistrate, First Class, Siwana, District Barmer (for short 'the court below' hereinafter) in CR No. 169/2014, whereby the application filed by the petitioner seeking custody of Ms. Geeta has been rejected.
(2.) BRIEF facts of the case are that respondent No. 2 filed a written complaint on 04.07.2014 before the Station House Officer, Police Station, Siwana, inter alia, alleging therein that about 15 -20 days back Guman Singh, Chhhel Singh, Narayan Singh, wife of Guman Singh and Asa Ram son of Nava Ram came to his agricultural field and requested him that marriage of his daughter Geeta Kumari be solemnized with Ramesh Kumar son of Asa Ram, upon which, the complainant told him that his daughter is minor and he will not marry her. It is alleged that all those persons threatened him that if he will not marry his daughter with Ramesh Kumar, they will forcibly take her away and get her marriage solemnized with Ramesh Kumar and thereafter all the persons went away. On 03.07.2014 at about 12:00 -1:00 A.M., all the persons along with some other persons came to the agricultural field of the complainant and kidnapped his daughter. It is alleged that when he tried to stop them, they threatened him to kill and thereafter ran away from there. It is also alleged that while running away, the accused -persons took away a sum of Rs. 50,000/ - and some ornaments along with them. On receiving the aforesaid report, the police has registered the FIR No. 169/2014 dated 04.07.2014 at Police Station, Siwana, District Barmer for the offences punishable under sections 363, 384, 366A, 457, 380 and 120 -B IPC. Police recovered Ms. Geeta on 09.07.2014 and produced her before the court below on the very day. When Ms. Geeta refused to go with her father, the court below has ordered that Ms. Geeta be sent to Balika Sudhar Grah, Jodhpur.
(3.) THE petitioner, who is claiming himself to be the husband of Ms. Geeta, filed an application before the court below and sought her custody being his married wife but that application was rejected by the court below vide order dated 31.07.2014, against which, this criminal misc. petition has been filed.;