IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.223 of 2009 SANA @ SUPRIYA SHRIVASTAVA & ANR Versus STATE OF BIHAR & ORS -- -----a---- 5 12.3.2010 Heard the learned counsel for the petitioners and the learned counsel for the State. The two petitioners have married with each other. It is stated that petitioner no.1 is a major and in the F.I.R. itself her age has been mentioned as 19 years. Case has been instituted by brother of petitioner no.1 under sections363 and 366 of the I.P.C. Learned counsel for the petitioners submits that they married each other on their own volition and without any coercion or threat. Since petitioner no.1 is major and she has married on her own there cannot be a case of kidnapping . These are questions of facts and require to be verified by the police to proceed further in the case. Therefore, the petitioners are directed to appear before the City Superintendent of Police, Patna and produce materials of marriage and age within four weeks. The City S.P.,Patna will satisfy himself with regard to the materials produced by the petitioners in accordance with law and he will direct the investigating officer to get statement of petitioner no.1 recorded under section 164 Cr.P.C. and, thereafter proceed with investigation on the basis of materials produced by the 2 petitioners and such statement of petitioner no.1and complete investigation and submit report before the court concerned for needful. The writ application is disposed of with the aforesaid observation and direction. It is made clear that if the City S.P.,Patna is satisfied, he will provide adequate protection and security to the petitioners for recording statement of petitioner no.1 under section 164 of Cr.P.C. AnilKr.Sinha (J.N.Singh,J.)