IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.931 of 2009 SANGEETA KUMARI @ PINKI KUMARI Versus STATE OF BIHAR & ORS ----------- 2 30.7.2010 The petitioner is in fact aggrieved by the F.I.R. bearing Jha-Jha Railway Case No.29 of 2009 instituted by her father namely Ramesh Chandra, respondent no.4. It is stated by the informant that on 31.7.2009 he along with his daughter, the petitioner, wre traveling from Dhanbad to Barauni by Maurya Express on berth nos. 18 and 19 of the A.C.Coach. When he got up at Jha-Jha Railway Station, he did not find his daughter on her berth. He believed that one Ved Prakash Ram, who is posted in D.S.T.I. at Choupan was responsible for her abduction. The petitioner states that the allegation is absolutely false. In fact she wants to marry her friend Ved Prakash Ram. However, she got resistance in this regard from her parents and as such she filed an informatory petition bearing no.994/09 before the Chief Judicial Magistrate, Begusarai. She further states that when she learnt about lodging of the instant case, she wrote to the Superintendent of Police, Railway, Jamalpur, as would be evident from Annexure-4. She states that she is a major and in support of her submission she has also sworn an affidavit, contained in Annexure-3. The petitioner submits that as she is a major, she has every right to live with a person of her 2 choice and there cannot be curtailment of her movement by any one even by her parents. In support of her contention, she relied upon a decision of the Hon’ble Apex Court in the case of Lata Singh Vs State of U.P., reported in 2006(3) P.L.J.R.(SC)329, particularly paragraph 17 wherein it has been held that a major boy or girl is free to marry anyone of their choice. It was further observed that there is no bar to an inter-caste marriage under the Hindu Marriage Act or any other law and the administration/police authorities throughout the country was directed to see that no case of harassment, threat or acts of violence takes place against a couple who have undergone inter- caste or inter-religious marriage. Learned State Counsel does not controvert the aforesaid propositions of law laid down by the Apex Court. However, he submits that the assertion of the petitioner that she is a major has to be ascertained and verified and on the basis of mere affidavit, without its ascertainment, the F.I.R. need not be quashed. There cannot be any dispute in respect of the proposition of law laid down by the Hon’ble Apex Court in the case of Lata Singh (supra) that a major boy or girl is free to marry anyone of their choice or to live with any one they like. However, the main issue would remain regarding the ascertainment of age of the petitioner. In such circumstances, if the authorities find that the petitioner is a major and she has left with her own volition to live with any major boy, she will have 3 KHAN every right to do so in that regard. In this view of the matter, this court directs that the petitioner may approach the Investigating Officer/Superintendent of Police, Railway, Jamalpur within six weeks from today in support of her contention that she is a major and has left her parental house with her own volition to live with her companion Ved Prakash Ram. No coercive steps would be taken against the petitioner and the person accompanying her for six weeks. With the aforesaid observations and directions, this writ petition stands disposed of. Let this order be communicated to the Superintendent of Police, Railway, Jamalpur as well as Investigating Officer, Rail Police, Jha-Jha conducting the investigation of the instant case. (S.P.Singh,J)