IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.289 of 2010 1. RUKSANA @ RANI KUMARI W/O ZAKIR HUSSAIN, D/O VINDHYACHAL MUKHIYA. 2. ZAKIR HUSSAIN S/0 DAULAT MIAN R/O VILLAGE- PADRAUN, P.S. YOGAPATTI, DISTT- WEST CHAMPARAN. Versus 1. THE STATE OF BIHAR THROUGH THE SUPERINTENDENT OF POLICE, WEST CHAMPARAN AT BETTIAH. 2. THE OFFICER-IN-CHARGE, YOGAPATTI POLICE STATION, DISTT- WEST CHAMPARAN. 3. THE INVESTIGATING OFFICER, YOGAPATTI POLICE STATION, DISTT- WEST CHAMPARAN. 4. VINDHYACHAL MUKHIYA R/O VILLAGE- PADRAUN, P.S. YOGAPATTI, DISTT- WEST CHAMPARAN. ----------- 2 20.12.2010 Heard learned counsel for the petitioner and the respondent State. The prayer of the petitioners is for quashing the First Information Report vide Jogapatti P.S. Case No. 193/09, registered for the alleged offences under Section 366A/34 of the Indian Penal Code. Learned counsel for the petitioners submits that both the petitioners are major and they have solemnized the marriage among themselves with the freewill within their rights. However, father of the petitioner no. 1 being not agreeable to such marriage has lodged the present F.I.R for ulterior purposes. Learned counsel for the State submits that as regards the claims of the petitioners that petitioner no. 1 was major as identity of the alleged occurrence on the basis of the certificate annexed with supplementary affidavit cannot be accepted for want of thorough medical examination with regard to ascertaining the age as also about her identity. Considering the submissions of the parties, petitioner no. 1 may appear before the Chief Judicial Magistrate, West Champaran Betiah, within a period of six weeks and shall give her statement under Section 164 of the Cr.P.C to be recorded there. The Chief Judicial Magistrate shall further call for report from the concerned Civil Surgeon with regard to her age after her medical examination and on receipt of such report and on satisfying the identity of the petitioner no. 1, appropriate order be passed. Till such orders are passed no coercive steps be taken against the petitioner nos.1 and 2 both in connection with Jogapatti P.S. Case No. 193/09. The order may be communicated to the court below i.e., Chief Judicial Magistrate, West Champaran, in connection with Yogapatti Police Station Case No. 193/09 corresponding to G.R. No. 570/09, to fax on the cost being deposited by the petitioners. Amrendra- (Shailesh Kumar Sinha,J.)