- (1.) This application has been filed against the order dated 24.06.2015, whereby the prayer of the petitioner to be released from the remand home (Nari Niketan, Deoghar) was rejected by the learned Judicial Magistrate, 1st Class, Dhanbad in Nirsa P.S. Case No. 193 of 2015, corresponding to G.R. No. 2456 of 2015.
(2.) Learned counsel for the petitioner has submitted that it would be evident from the Annexures-12 and 13, i.e., the admission card and the mark-sheet issued by Central Board of Secondary Education, Delhi, that the date of birth of the petitioner has been mentioned as 07.09.1996 as such on the alleged date of occurrence i.e., on 16.05.2015, the petitioner was above 18 years of age. Annexure-3, is the statement of the petitioner as recorded under Section 164 Cr.P.C. wherein she has categorically stated that she had solemnized the marriage with Aakash Ravidas (the accused in the present case) and had expressed her willingness to reside in her matrimonial house. It is argued by the learned that the trial Court without appreciating the above facts has rejected the prayer for release on the ground that petitioner was aged 17 years and 5 months on the basis of the age as mentioned in the F.I.R. It is argued that the petitioner had solemnized the marriage in Shiv Mandir at Deoghar, and also before the Marriage Officer, at Dhanbad, the certificate of which is at Annexure-6. It is submitted that in such circumstances, the legal guardian of the petitioner is her husband and she has expressed her willingness to reside with her in-laws. On the above facts it is submitted that the impugned order be set aside and the petitioner be given liberty to go with her husband.
(3.) Learned counsel for the O.P. No.2 has opposed and submitted that the petitioner was a minor, aged about 17 years and 5 months on the date of occurrence, hence the said marriage is not valid in eye of law and the lawful guardian is her father, i.e., O.P. no. 2. That there is no illegality or infirmity in the impugned order.;