IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.215 of 2010 KUMARI SWETA @ SHAHIN EQBAL, WIFE OF DANISH EQBAL, DAUGHTER OF BIRENDRA KUMAR PATHAK, RESIDENT OF VILLAGE BAKHARI, P.S. RAMPUR KARKHANA, DISTRICT – DEORIA (U.P.) AT PRESENT RESIDENT OF VILLAGE DOMA HATTA, P.S. MANJHAGARH, DISTRICT GOPALGANJ….......................PETITIONER VERSUS 1. THE STATE OF BIHAR 2. PRINCIPAL SECRETARY, DEPARTMENT OF HOME AFFAIRS, BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, GOPALGANJ 4. THE SUPERINTENDENT OF POLICE, GOPALGANJ 5. THE OFFICER INCHARGE, GOPALGANJ, POLICE STATION ……………………………………….. RESPONDENTS ----------- 2 11.03.2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has filed this writ application for quashing of the first information report in connection with Gopalganj P.S. Case No.290/2009 instituted under Section 366A and other sections of the Indian Penal Code and also for direction to the respondents for protection of life of the petitioner, her husband and family members of her husband. It is contended that petitioner on her own volition married with one Danish Eqbal as she was major and started living with him. However, since family members of the petitioner were against the marriage, they have lodged this false case of kidnapping alleging the petitioner to be minor. With the writ - 2 - application, petitioner has annexed copy of the certificates of the Central Board of Secondary Education, identity card of Sikkim Manipal University of Health Medical and Technological Sciences and Bihar School Examination Board to show that petitioner’s date of birth, as recorded, is 12th February, 1988. Computing from the said date, she was clearly major on the date of occurrence. It is contended that she was never kidnapped and on her own sweet- will, she has left her home and solemnized marriage. In a writ jurisdiction, this Court cannot go into the question of majority of the petitioner. The claim of the petitioner has to be ascertained by the police for proper investigation of the case and to come to a conclusion in respect of the truthfulness of the case. In the circumstances, petitioner is directed to appear before the Superintendent of Police, Gopalganj with all supporting materials to show that she was major on the date of occurrence and she has solemnized marriage on her own sweet-will and without any coercion or threat. If she appears before the - 3 - Superintendent of Police, Gopalganj within three weeks, he will look into the materials produced by her and, if necessary, shall arrange for recording her statement under Section 164 of the Code of Criminal procedure. After her statement is recorded, he shall issue necessary directions to the Investigating Officer to consider the materials produced by the petitioner and her statement recorded under section 164 of the Cr.P.C. for completing investigation of the case and for submission of the final report. For the purpose of recording the statement of the petitioner under Section 164 of the Cr.P.C, Superintendent of Police will ensure adequate protection and security to her. In case the Superintendent of Police is satisfied with the materials produced by the petitioner and her statement under Section 164 of the Cr.P.C. he shall also issue necessary directions for security and protection to the petitioner, her husband and her in-laws family. The writ application is disposed of with the aforesaid observations and directions. B.T (J. N. Singh, J.)