IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC NO.369 OF 2010 ANNU KUMARI, WIFE OF ALOK CHANDRA, DAUGHTER OF SHRI ASHOK PRASAD SINGH, RESIDENT OF POLICE LINE SAHARSA P.S. AND DISTRICT SAHARSA, AT PRESENT RESIDENT OF VILLAGE SONBARSA RAJ, P.S. SONBARSA, DISTRICT SAHARSA…………………………………………………..….PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, OLD SECRETARIAT, BIHAR, PATNA 2. THE DIRECTOR GENERAL OF POLICE, GOVERNMENT OF BIHAR, APTNA 3. THE REGIONAL INSPECTOR GENERAL OF POLICE, DARBHANGA 4. THE DEPUTY INSPECTOR GENERAL OF POLICE, KOSHI RANGE, SAHARSA 5. THE DISTRICT MAGISTRATE, SAHARA 6. THE SUPERINTENDENT OF POLICE, SAHARSA 7. THE DEPUTY SUPERINTENDENT OF POLICE, SAHARSA (SADAR), SAHARSA 8. THE OFFICER-INCHARGE SAHARSA SADAR POLICE STATION, SAHARSA 9. THE INVESTIGATING OFFICER OF SAHARSA SADAR P.S. CASE NO.106/2010, P.S. AND DISTRICT SAHARSA 10. ASHOK KUMAR SINGH, SON OF LATE BISHESHWAR PRASAD SINGH, RESIDENT OF POLICE LINE COLONY P.S. AND DISTRICT SAHARSA 11. ALOK CHANDRA @ SONU KUMAR, SON OF SRI SUBHASH CHANDRA VISHWAS, RESIDENT OF VILLAGE, P.O. AND P.S. SONBARSA (RAJ), DISTRICT SAHARSA……………………………..RESPONDENTS --------- 2. 11.05.2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has filed this writ application for quashing of the first information report of Saharsa Sadar P.S. Case No.106/2010 instituted under Sections 363 and 366 of the Indian Penal Code by her father - 2 - alleging her kidnapping by respondent no.11 and two unknown persons. She submits that she is major and she has married with respondent no.11 on her own sweet-will and without any coercion. The informant i.e. father of the petitioner did not accept the same and, therefore, he has filed this false case against respondent no.11 alleging her kidnapping. In proof of her marriage, certain documents have been annexed with the writ application. This Court in a writ jurisdiction cannot decide about the majority or otherwise of the petitioner. Therefore, petitioner is given liberty to appear before the Superintendent of Police, Saharsa along with her husband, respondent no.11, and produce the material to show that she is major and has married with respondent no.11 on her own sweet- will and if she produces such materials before the S.P., he shall get an enquiry held and if he is prima facie, satisfied with the version of the petitioner, he shall arrange for recording the statement of the petitioner under section 164 of the Code of Criminal Procedure and thereafter shall direct the Investigating - 3 - Officer to proceed with the investigation in view of the materials produced by the petitioner and conclude the same. If the petitioner produces such materials before the S.P. and he is, prime facie, satisfied about the genuineness of the claim of the petitioner, he shall direct the Investigating Officer not to take any coercive action against the petitioner and respondent no.11. This writ application is disposed of with the aforesaid observations and directions. B.T (J. N. Singh, J.)