IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC NO.524 OF 2010 SHABANA KHATOON, DAUGHTER OF AHMAD HUSSAIN, VILLAGE JAMSAM TOLE KUA, P.S. PANDAUL, DISTRICT MADHUBANI, WIFE OF ANIT RAI, VILLAGE JAMSAM TOLE KUA, P.S. PANDAUL, DISTRICT MADHUBANI………………………………………………………………..PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE HOME COMMISSIONER, BIHAR, PATNA 2. THE DISTRICT MAGISTRATE, MADHUBANI 3. THE SUPERINTENDENT OF POLICE, MADHUBANI 4. THE OFFICER-IN-CHARGE PANDAUL POLICE STATION, MADHUBANI 5. ANIT RAI, SON OF MADAN RAI, VILLAGE JAMSAM TOLE KUA, P.S. PANDAUL, DISTRICT MADHUBANI…………………………………………………………...RESPONDENTS ----------- 2 21.05.2010 Perused the office notes. The defect, as pointed out by the office, is ignored. With consent of learned senior counsel for the petitioner, this application is being disposed of. As per the claim of petitioner, she is major and she has solemnized marriage with Anit Rai on her own volition and without any coercion. It is submitted by learned counsel for the petitioner that parents of the petitioner were opposed to the same and, therefore, her father has instituted this false case bearing Pandaul P.S. Case - 2 - No.30/2010 under Section 366A and other allied sections of the Indian Penal Code against her husband and her in-laws. The fact that petitioner is major and she has solemnized marriage on her own sweet-will cannot be ascertained and decided in a writ jurisdiction. Therefore, petitioner is given liberty to appear before the Superintendent of Police, Madhubani along with said Anit Rai and produce her evidence in respect of majority and her marriage. If she produces her evidence with all supporting documents before the S.P. and if he is, prima facie, satisfied with the materials produced by her, he may cause the statement of the victim recorded under Section 164 of the Code of Criminal Procedure and thereafter he may direct the concerned Investigating Officer to proceed with the investigation of the case. If he is satisfied with the materials produced by the petitioner, he may pass order for interim protection of the petitioner and accused persons. The writ application is disposed of with the aforesaid observations and - 3 - directions. Let a copy of this order be handed over to the learned counsel for the petitioner. B.T (J. N. Singh, J.)