IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.853 of 2009 PUSHPA KUMARI, D/s Reet Lal Ram, resident of village- Mahmadpur, P.S.-Tajpur (Halai O.P.) in the district of Samastipur. . . . . . . Petitioner. Versus 1. THE STATE OF BIHAR through the Director General and Inspector General of Police, Govt. of Bihar, Patna. 2. The Inspector General of Police, Darbhanga, Bihar. 3. The Deputy Inspector General of Police, Darbhanga. 4. The Superintendent of Police, Samastipur. 5. The Deputy Superintendent of Police, Shahpur Patori under Samastipur District. 6. The Sub-inspector –cum Investigating officer, Tajpur P.S. in the district of Samastipur. . . . . Respondents. ----------- 2/ 15.07.2010 Heard learned counsel for the petitioner and the State. The petitioner, who is daughter of Reet Lal Ram. Prosecution case in short is that on the basis of written report of Reet Lal Ram Tajpur (Halai O.P.) P.S. case no. 301 of 2009 was instituted under Sections 366 A/34 of the Indian Penal Code. The informant alleged that accused persons namely Binod Kumar, his father Ishwar Ram and his mother Sita Devi kidnapped his 15 years old daughter, Pushpa Kumari. The petitioner, Pushpa Kumari, controverts the statement made in the First Information Report that she is a minor or she was abducted. She states that she is a major and has gone out on her own will with Binod Kumar. She has stated that by now they are married. Counsel for the petitioner submits that the police is not recording her statement. Counsel for the State submits that the petitioner is a minor and as such First Information Report has rightly been instituted against the accused persons under Sections 366 A /34 of the Indian Penal Code. - 2 - Having heard the counsel for the parties, this Court passes the following orders: (i) The petitioner would appear before the Investigating officer within a period of five weeks and would be at liberty to give the proof in support of her being major; (ii) The police will also record the statement of petitioner; (iii) No coercive steps shall be taken against the petitioner and companion accompanying her, who is not accused in this case [Tajpur (Halai O.P.) P.S. case no. 301 of 2009]. It will be also open for the police to get her statement recorded under Section 164 of Cr.P.C. With the aforesaid direction, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)