Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.660 of 2012 ====================================================== 1. Ankita Kumari @ Abhilasha Kumari @ Anku W/O Rahul Raj And D/O Jai Prakash Singh Resident Of Village- Amarpur, P.S.- Amarpur, District- Banka, At Present Residing With Her Husband At Village- Govindpur, P.S.- Amarpur, Banka 2. Rahul Raj S/O Late Umesh Prasad Singh Resident Of Village- Govindpur, P.S.- Amarpur, District- Banka .... .... Petitioners Versus 1. The State Of Bihar 2. The Principal Secretary, Home Department, Government Of Bihar, Patna 3. The District Magistrate, Banka 4. The Superintendent Of Police, Banka 5. The Deputy Superintendent Of Police, Banka 6. The Sho, Amarpur Police Station, Banka 7. Jai Prakash Sah S/O Late Ishwar Prasad Sah Resident Of Village- Amarpur, P.S.- Amarpur, District- Banka .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 22-11-2012 In the present writ petition in paragraph no.1, the petitioners have made the following prayers:- “1. That this application is being filed for following reliefs:- i. For a direction upon respondents to protect life and liberty of two petitioners guaranteed under the Constitution of India so that they may lead their conjugal life happily and uninterruptedly as being legally and validly married/wedded couple who are major citizen of India and are spending their conjugal life under threat and coercion of family members of petitioner no.1 especially her father respondent no.7 who by filing an FIR bearing Amarpur PS case no.91/2012 [STATUTE] live with her husband petitioner no.2 with whom she is married as being Major lady as per her own will under conscious Patna High Court CR. WJC No.660 of 2012 (2) dt.22-11-2012 2 mind. ii. For appropriate direction restraining respondents from arresting the petitioner during pendency of the instant writ petition. iii. For issuance of appropriate writ for quashing the FIR in question contained in annexure-3 to this writ petition. iv. For issuance of a direction to constitute a medical board to ascertain the age of the petitioner. v. And/or pass such other order(s) to which petitioner is entitled in the facts and circumstances of case. The father of petitioner no.1 is the informant of Amarpur P.S.Case No.91 of 2012 dated 09.05.2012 instituted for the offence punishable under [STATUTE] in which altogether six persons including petitioner no.2 have been made accused. It has been contended in the FIR that petitioner no.1 who is aged about 16 years has been abducted by the accused persons illegally for the purposes of marriage. Learned counsel for the petitioners submits that as a matter of fact petitioner no.1 is not a minor and has attained majority. It is also contended that she has willfully married petitioner no.2. The marksheet of petitioner no.1 issued by the Bihar School Examination Board, Patna in which her date of birth has been recorded as 17.02.1996 which makes her to be aged about 16 years on the date of occurrence has been brought on record. The case is still under investigation. The petitioner no.2 Patna High Court CR. WJC No.660 of 2012 (2) dt.22-11-2012 3 has not yet appeared in the court below. The petitioner no.1 who, is the victim of the case, has also not been produced before the investigating agency or before the court. The disclosures made in the FIR constitute a cognizable offence. In that view of the matter, I am not inclined to entertain the present writ petition. It is dismissed, accordingly. B.Kr./- (Ashwani Kumar Singh, J)

Applicable IPC Section: 366A

Statute Text:
Section 366A of the Indian Penal Code. Procuration of minor girl. Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.