IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7205 of 2009 MD.HELAL @ MD. HELAL AHMAD, SON OF MD. MUMTAZ ALI, R/V JHARKAHA, P.S. BARARI, DISTRICT KATIHAR--------PETITIONER. Versus THE STATE OF BIHAR------OPP. PARTY. ----------- 02. 08.06.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a complaint case which was referred to the police for investigation under Section 156(3) Cr.P.C. with direction to investigate and submit final form by 12.1.2009 and was registered for the offence under Sections 366/379 of the Penal Code by the father of the victim girl, namely, Nisha Khatoon @ Bulbul Khatoon. It is submitted on behalf of the petitioner that before lodging of the present complaint case, the victim girl Nisha Khatoon @ Bulbul Khatoon had filed information petition No. 4089 of 2008, Annexure-3 making out allegation against her father, other villagers and one Md. Salim with whom she was forced to marry. It is also submitted that the victim girl is an adult and she married the petitioner out of her own free-will, which fact can be verified by the C.J.M., Katihar. Let the petitioner surrender in the court of C.J.M., Katihar in connection with Falka(Pothia) P.S. Case No. 222 of 2008 within four weeks from today and thereafter the C.J.M., Katihar should summon the victim girl and verify her age and if 2 she is found adult on the date of occurrence and she confirms that she married the petitioner out of her own free-will then appropriate orders in accordance with law be passed, failing which the court below shall ensure that petitioner is taken in custody. Until verification, no coercive steps be taken against the petitioner. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. Rajesh/ ( V.N. Sinha, J.)