IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.1165 of 2011 Ragani Kumari, daughter of Shri Jitendra Kumar Singh, resident of village – Bishunpura, Police Station – Chapra Muffasil, District – Saran (Chpara), wife of Rohit Kumar, Son of Amar Prasad Gupta, resident of Old Gudahati, P.O. Sahebganj, District – Saran. ………. Petitioner. Versus 1. The State of Bihar. 2. The Superintendent of Police, Chapra, District – Saran. 3. The S.H.O. Chapra Mufassil Police Station, District – Saran. 4. Shri Jitendra Kumar Singh Son of late Dwarika Singh, resident of village – Bishunpura, Police Station – Chapra Muffasil, District – Saran (Chapra). 5. Shri Rohit Kumar Son of Amar Prasad Gupta, resident of Old Gudahati, P.O. Sahebganj, District – Saran. ………. Respondents. ------------------ 02/ 12.12.2011 Heard learned counsel for the petitioner as well as learned Assistant Counsel to S.C. III. Jitendra Kumar Singh, father of victim/petitioner Ragani Kumari filed written report regarding elopement of his daughter/victim, who happens to be minor one. Learned counsel for the petitioner/victim submitted that she happens to be major one and further she is entitled for protection as she has married with a person of her choice revolting the social norms as well as will and wish of the family members. Therefore, taking into consideration the guideline prescribed in Lata Singh case reported in 2006 Cri.L.J. 3309 she be, accordingly, protected. At the other hand, learned Assistant Counsel to S.C. III submitted that statement of victim under Section 164 of the Cr.P.C. has not been recorded as yet, consequent thereupon whatever prayer has been made by the petitioner is not at all recognizable under the law. Be that as it may, petitioner is directed to appear before 2 the investigating authority of Chapra Muffasil P.S. Case No. 192 of 2011 registered under Section 366A/34 of the IPC, who will get her examined under Section 164 of the Cr.P.C. followed with medical examination. During said course no coercion, threat, allurement will be exercised upon the petitioner nor she will be taken into custody. In case being a major, she will be allowed to exercise her own sweet will contrary to it, the learned court below will pass appropriate order in accordance with law. With the aforesaid observation, instant petition is disposed of. Let this order be communicated upon the court of C.J.M., Saran at Chapra in connection with Chapra Muffasil P.S. Case No. 192 of 2011 through fax at the cost of the petitioner. DKS/ (Aditya Kumar Trivedi,J.)