IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.466 of 2010 1. RINA KUMARI @ RINA DEVI, W/O SRI DHARMENDRA KUMAR, D/O SRI KISHORI PRASAD, R/O VILLAGE-KARNPURA, P.S.-NAUBATPUR, DISTRICT- PATNA. 2. DHARMENDRA KUMAR, S/O SHRI RAM SAHAY PRASAD, R/O VILLAGE-TILLU TOLA, P.O.- SADISOPUR, P.S.-NAUBATPUR, DISTRICT-PATNA, BOTH PRESENTLY RESIDING KURJI, P.O.-SADAQUAT ASHRAM, P.S.-DIGHA, DISTRICT-PATNA. 3. RAM SAHAY RAI @ RAM SAHAY PRASAD, S/O MAJULI LAL. 4. NAKUL RAI @ NAKUL KUMAR, S/O MAJULI LAL. 5. MARACHHO DEVI, W/O RAM SAHAY RAI, ALL 3 TO 5 R/O VILLAGE-TILLU TOLA, P.S.-NAUBATPUR, DISTRICT-PATNA. 6. AJAY KUMAR, S/O KASHI RAI, R/M-KURJI, P.S.-DIGHA, DISTRICT-PATNA. ……………PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. THE SUPERINTENDENT OF POLICE, GRAMIN, PATNA. 3. SUB-DIVISIONAL OFFICER, FULWARI, PATNA. 4. THE OFFICER INCHARGE, NAUBATPUR, PATNA. 5. KISHORI PRASAD, S/O SHIV MANGAL RAI, R/O VILLAGE-KARNPURA, P.S.-NAUBATPUR, DISTRICT- PATNA. 6. SHASHI BHUSHAN PRASAD SINHA, S/O BRAJ NANDAN YADAV, R/O VILLAGE-PAKARI, P.S.-BIHTA, DISTRICT-PATNA. ………………RESPONDENTS. ----------- For the Petitioners : Mr.Maheshwar Pd., Adv. For the State : Mr.Subhash Pd. Singh, GA-8 and Mr. Dilip Kumar, AC to GP-8. ----------- 2 11.05.2010 Heard learned counsel for the petitioners and learned counsel for the State. Petitioner no. 1 is the girl and petitioner no. 2 is said to be her husband and other petitioners are family members of petitioner no. 2. The petitioners in this writ 2 application claim that petitioner no. 1 who is said to be major has married with petitioner no.2 on her own sweet-will and without any coercion or threat. However, the father of petitioner no. 1 aggrieved by that and has filed false case under Section 366 A alleging that petitioner no. 1 was kidnapped by the named accused persons including petitioner no. 2. The said case has been registered as Naubatpur P.S. Case no. 144 of 2010. Learned counsel for the petitioners submits that since the petitioner no.1 is major and has married on her own volition no case of 366A is made out against petitioner no. 2 and other petitioners. The question of majority of petitioner no. 1 and the fact that she has married with petitioner no. 2 on her own volition without any coercion cannot be decided in a writ jurisdiction. Therefore, petitioner no. 1 and 2 are directed to appear before the S.P., Rural, Patna with proof of their marriage as soon as possible. If they appear before the S.P., Rural he shall if necessary get an enquiry held and get prima facie satisfied with regard to the 3 genuineness of the claim of the petitioners. If he is prima facie satisfied, he shall arrange for recording of evidence of petitioner no. 1 under Section 164 of the Cr.P.C. and thereafter shall instruct the investigating officer to proceed with the investigation on the basis of materials produced before him and in accordance with law and conclude the investigation. If the petitioner no. 1 and 2 appear before the S.P., Rural, Patna and produce the materials the S.P. will be at liberty to pass orders for interim protection of the accused persons of the case from their arrest in the case. With the above observations and directions, this writ application is disposed of. Arvind/ (J. N. Singh, J.)