D.N.PATEL,J. - (1.) The present writ petition has been preferred by a helpless father for getting custody of his daughter, namely, Kanchan Kumari, who is aged about 17 years and three months, as on the date of offence i.e. 8th May, 2009, the date on which First Information Report was lodged for the offence of kidnapping and abduction etc. at lchak Police Station, within the district of Hazaribagh, being lchak Police Station Case No. 75 of 2009 (Annexure -3 to the memo of present petition), the investigation of which is going on and the private respondents are the absconding accused and from their custody, the petitioner (father of the girl) is in search of custody of his daughter.
(2.) WE had issued notice yesterday vide order dated 5th August, 2009 and the learned counsel for the respondents has brought the girl (Kanchan Kumari) before this Court from the custody of respondent no. 5, who is also present in the Court. Respondent Nos. 6 to 10 are not present before this Court. We have heard learned counsel, appearing on behalf of respondent nos. 5 to 10, who has submitted that respondent no. 5 has solemnized the marriage with Kanchan Kumari on 4th March, 2009, though she is and was minor on that day, at a temple, namely, Hetlimanda Temple, and, therefore, custody of the girl with respondent no. 5 is a legal custody,
(3.) WE have heard learned counsel, appearing on behalf of the State, who has vehemently opposed the contention that there is a legal custody of the girl with respondent no. 5, on the ground that the girl is a minor one and her date of birth being 10th March, 1992, she is aged about 17 years and approximately three months, as on the date of offence. It is submitted by the learned counsel for the State that the custody of a minor ought to be given to the parents, which is also in the interest of the minor girl. Parents are the best persons, who can take care of their minors. It is also submitted by the learned counsel for the State that the alleged marriage is no marriage in the eyes of law. The matter is still under investigation, as stated hereinabove. The offences have already been registered and proclamation has been issued under Section 82 of the Code of Criminal Procedure and, therefore, without entering much into the evidence, suffice it will be for disposal of the present writ petition if custody of the minor girl (Kanchan Kumari) is handed to her parent i.e. the petitioner.;