IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. W.J.C.No.1059 of 2010 Prakash Kumar son of late Sunil Kumar Jaiswal, resident of Village FatepurKamali,P.O.& P.S. Mehnar, District Vaishali Versus The State of Bihar & Ors For the Petitioner : Mr. Mrigank Mauli, Advocate For Respondent no.4: Mr. Suraj Samdarshi, Advocate 3 11.10.2010 The petitioner prays for quashing of the F.I.R. being Mehnar P.S. Case No.99 of 2010 dated 23.8.2010 registered under sections 363, 364, 366/34 of the Penal Code. It is alleged by the informant Vijay Sharma that his minor daughter Kumari Beauty aged about 15 years has been abducted by the accused persons named in the F.I.R. Learned counsel for the petitioner submits that he is being called by the nick name Banty Jaiswal. He submits that the informant’s daughter Kumari Beauty is neither minor nor she has been abducted by any of the accused persons. Respondent no.4 Kumari Beauty appeared in this court suo moto through her counsel by filing Vakalatnama and affidavit stating therein that the instant prosecution is vexatious one against the accused persons as she married the petitioner Prakash Kumar on her own free will and there was no abduction or any foul play. Learned counsel appearing on her behalf submits that the petitioner and Respondent no.4 Kumari Beauty were adult at the relevant time and she her own free will married him and since then they are living together as wife and husband. The Hon’ble Supreme Court in the case of Lata Singh 2 Vs State of Uttar Pradesh and another, reported in A.I.R.2006 S.C.2522 has held that the inter caste marriages are in fact in the national interest as they will result in destroying the caste system. In the above mentioned case, the Apex Court observed that a major boy or a girl is free to marry or live with any one he or she likes. The Apex Court quashed the Sessions Trial arising out of the concerned F.I.R. which related to alleged abduction of the girl by the boy. Having heard learned counsel for the parties, this court directs that if the respondent no.4 Kumari Beauty appears before the Investigating Officer of Mehnar P.S. Case No.99 of 2010 within five weeks from today, he would take steps for recording of her statement under section 161 Cr.P.C. This court also directs the Chief Judicial Magistrate, Vaishali at Hajipur to record the statement of respondent no.4 Kumari Beauty under section 164 Cr.P.C. The respondent no.4 Kumari Beauty would be free to produce all such documents in respect of her claim of being major on the date of occurrence and would also record her statement whether she has gone with Prakash Kumar at her own free will or not. It goes without saying that in view of the decision of the Apex Court in the case of Lata Singh (supra) if respondent no.4 Kumari Beauty is found to be a major by the Magistrate, she would be allowed to move as per her choice. No coercive steps would be taken against the petitioner Prakash Kumar or respondent no.4 Kumari Beauty till 3 KHAN the submission of final form by the police. With the aforesaid observations and directions, this writ petition stands disposed of. Let this order be communicated through fax at the cost of the petitioner. (S.P.Singh,J)