IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19539 of 2010 SHABANA KHATOON. Versus STATE OF BIHAR & ORS. ----------- 2/ 27.05.2010 Heard learned counsel for the petitioner and learned counsel for the State. By this application the petitioner has sought modification of order dated 21.05.2010 passed in Cr.W.J.C. No. 524 of 2010. The said writ application was filed by one Shabana Khatoon claiming herself to be a major and claiming that she had out of her own free will married the respondent Anit Rai. Marriage being inter religion was not acceptable to the parents of the girl. The petitioner lodged the Pandaul P.S. Case No. 30 of 2010 dated 22.3.2010 under Section 366 and 366A/34 of the Indian Penal Code. By the order aforesaid this court directed the girl to appear before the Superintendent of Police, Madhubani who would take their statement as well as arrange for statement to be recorded under Section 164 Cr.P.C. and then take further decision in the matter. The modification has been sought on the ground that though the petitioner and the said Anit Rai have married, and the girl even though belonging to another religion is acceptable to the parents of Anit Rai, who are eager to keep them. If the girl goes to Madhubani her life would be in danger and it will give rise to communal tension. On behalf of the petitioner it is submitted that even while they have been staying at Patna they have been informed that their whereabouts are being watched and they may suffer bodily injuries. It is under these circumstances it is prayed that they may be permitted to appear before any appropriate authority at Patna and be provided security for the time being in force. Having considered the matter and having seen the petitioner and Anit Rai in court today, I modify the order aforesaid and direct that the two would appear before the Senior Superintendent of Police, Patna alongwith copy of order of this court. The Senior Superintendent of Police would immediately arrange for the statement of the petitioner girl to be recorded by any Judicial Magistrate at Patna itself in terms of Section 164 Cr.P.C. The statement so recorded would be forwarded to the Superintendent of Police, Madhubani and the court of Chief Judicial Magistrate, Madhubani in respect of the said case. The Superintendent of Police would also immediately request the Superintendent, Patna Medical College & Hospital (P.M.C.H.) to arrange a medical board to assess the age of the girl petitioner while so determining the age the photo graph of the girl would be affixed to the report and the report would then be sent to the Chief Judicial Magistrate, Madhubani in respect of the said case as well as to Superintendent of Police, Madhubani immediately. While these processes are being completed the court would request the Senior Superintendent of Police to ensure the safety of the couple keeping in view the entire religion marriage as alleged contracted by them. The order passed in the writ petition earlier is accordingly modified to the extent above. Let order of this court passed in writ petition earlier and being passed today in this petition be sent to the Senior Superintendent of Police, Patna by fax at the cost of the petitioner. With these directions and observations this application stands disposed of. Praful ( Navaniti Prasad Singh, J. )