IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.560 of 2008 MANOJ KUMAR Versus STATE OF BIHAR & ORS ----------- 2 9.1.2009 Heard learned counsel for the parties. In the instant writ petition the petitioner seeks quashing of the F.I.R. of Nanpur P.S. Case No.53/98 registered for offences under sections 366, 366(A), 120B of the Penal Code. It is alleged by the informant that the petitioner abducted his minor grand daughter Ruby Kumari. It is further alleged that at the time of abduction Ruby Kumari was wearing ornaments worth Rs.25,000/-. Learned counsel for the petitioner submits that the instant prosecution is vexatious one against the accused persons as Ruby Kumari married the petitioner on her own free will and there was no abduction or any foul play. He submits that the petitioner and Ruby Kumari were adult at the relevant time and Ruby Kumari at her own free will married the petitioner and since then they are living together as husband and wife. He further submits that Ruby Kumari is carrying pregnancy of about 4 months. The Hon’ble Supreme Court in the case of Lata Singh Vs State of Uttar Pradesh and another, 2006(3) P.L.J.R. 329 has observed that a major boy or a girl is free to marry or live with any one he or she likes.The Hon’ble 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. - 2 - KHAN Having heard learned counsel for the parties, this court directs that if the petitioner along with Ruby Kumari appears before the Investigating Officer, Nanpur P.S., District Sitamarhi within eight weeks from today, he would take steps for recording the statement of Ruby Kumari and will ascertain her age. Ruby Kumari 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 the petitioner Manoj Kumar at her own free will or not. Thereafter the police would immediately submit its final report before the learned Magistrate who would pass appropriate order in accordance with law. It goes without saying that no coercive steps would be taken against the petitioner for eight weeks from today. With the aforesaid observations and directions, this application stands disposed of. (S.P.Singh,J)