Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.17 of 2012 ====================================================== 1. Niraj Kumar Singh , son of Harischandra Singh. 2. Madhu Kumari, daughter of Awadesh Tiwary, wife of Niraj Kumar Singh, Both resieent of village Rajpur, P.S. Keshariya, District East Champaran. .... .... Petitioners Versus 1.The State of Bihar. 2. The Superintendent of Police, East hampoaran. 3. The Officer Incharge, P.S. Keshariya, District East Champaran. 4. Awadhesh Tiwary, son of Late Gaurishankar Tiwary, resident of village Rajpur, P.S. Keshariya, District East Champaran .... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Sandeep Kumar Mr. Ajit Kumar For the Respondent/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 4 13-03-2012 Heard learned counsel for the petitioners as well as learned A.C. to A.G.-2. Petitioners, who claim themselves to be majors and shown their status that of legally wedded couple, prayed for quashing of Keshariya P.S. Case No. 200 of 2011 registered under [STATUTE] . on the fardbeyan of Awadhesh Tiwary, father of petitioner No. 2 Madhu Kumari, putting an allegation that the petitioner no.2 Madhu Kumari aged about 17 years was abducted by Neeraj Kumar Singh and Ajay Singh. No document has been annexed in support of claim of the petitioners which could suggest the status of the petitioners either Patna High Court CR. WJC No.17 of 2012 (4) dt.13-03-2012 2 / 2 2 of the petitioners to be major. In that event, only the medical evidence appears to be reasonable. In the aforesaid background it could be wise to direct to the petitioner no.2 Madhu Kumari , whose status for the present happens to be of victim, to appear before the Investigating Authority of Keshariya P.S. No. 200 of 2011 and the Investigating Authority after appearance of petitioner No. 2, Madhu Kumari may record her statement under section 164 of the Cr. P.C. Simultaneously, a prayer should also be made for medical examination. In case status of the petitioner Madhu Kumari happens to be major one, then in that event she will be set forth with according to her personal liberty. During the said course, the competent authority will also take into note, a direction of the Division Bench of our own High Court reported in 2010 (4)B L J 256 (P H C ). The instant writ petition is disposed of in the aforesaid direction. Sudha/- (Aditya Kumar Trivedi, 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.