Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.157 of 2012 ====================================================== Soni Kumari .... .... Petitioner/s Versus The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 3 04-04-2012 Heard learned counsel for the petitioner as well as learned A. C. to G.A.7 Smt. Kiran Kumari. Father of the petitioner namely, Shambhu Kumar Singh had filed written report on 23.12. 2011 against the accused named therein putting an allegation that they have enticed away his minor daughter Soni Kumari. Petitioner happens to be Soni Kumari, victim allegedly abducted minor daughter of informant. It has been contended on behalf of the petitioner that she happens to be major one and she has married with one of the accused in accordance with Special Marriage Act. As such, continuance of investigation of Bihara Police Station No. 137 of Patna High Court CR. WJC No.157 of 2012 (3) dt.04-04-2012 2 / 3 2 2011 registered under [STATUTE] . should be quashed. At the other hand the learned Counsel for the State oppose the prayer and submitted that unless there happens to be statement of victim under Sections 161and 164 of the Cr.P.C. followed with ascertainment of age, the prayer in the present form is not recognizable in the eye of law. At this juncture, the learned counsel for the petitioner submitted that the petitioner is ready to put her presence before the Investigating Authority. However certain protections be given to her for her safety because of the fact that the petitioner has solemnized inter religion marriage. Taking into account rival contentions, petitioner is directed to appear before the Investigating Authority of Bihara Police Station Case No. 137 of 2011, who will get her examined under section 164 of the Cr. P.C. as well as also get her medically examined to ascertain whether she happens to be major or not. In case she is declared to be major, then she will be relieved on her free will. Contrary to it, the learned lower Court will pass appropriate order taking into amount the guidelines prescribed by a Division Bench so reported in 2010 (4) BLJ 256 (Sahebi Khatoon @ Sahebi Versus State of Bihar and others). Patna High Court CR. WJC No.157 of 2012 (3) dt.04-04-2012 3 / 3 3 During this period no coercion, threat and allurement will be imposed upon the petitioner. In the aforesaid observation, the instant petition is disposed of. Sudha/- (Aditya Kumar Trivedi, J)

Applicable IPC Section: 363

Statute Text:
Section 363 of the Indian Penal Code. Kidnapping. Whoever kidnaps any person from India or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.