IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.768 of 2010 SHIVANI RANI @ SHAVANI DEVI Versus STATE OF BIHAR & ORS ----------- 2 12.8.2010 The petitioner, who is the daughter of respondent no.3 Gayaneshwar Prasad Sah, seeks quashing of the F.I.R. of Banka P.S. Case No.171 of 2010 dated 14.5.2010 registered under sections 363 and 366/34 of the Penal Code. It is alleged by the informant that on 10.5.2010 he had sent his daughter Shivani Rani, the petitioner with his son-in-law to Banka. He alleges that Rahul Paswan in league with the daughters of his neighbour Ramji Paswan and Shiv Shankar Rajak has abducted his daughter. The petitioner submits that the petitioner is a major and in support of the same she has annexed photo copy of admit card of Bihar School Examination Board, contained in Annexure-1. The petitioner further submits that she has married Rahul Paswan in Kali Mandir, Begusarai, contained in Annexure-3. Further it would appear from the F.I.R. itself that she is 19 years of age. Counsel for the State submits that the submission of the petitioner does not inspire confidence. It is well settled that a major boy and girl is free to marry any one of their choice or to live with any one they like. The petitioner claims to be a major and in this respect 2 KHAN she has relied upon F.I.R. as well as Board’s certificate. The petitioner has stated that she has married Rahul Paswan. In this view of the matter this court gives the following direction: i) The petitioner would appear before the Superintendent of Police, Khagaria within a period of eight weeks from today and would file documents in support of her contention that she has married Rahul Paswan with own free will. ii) The Superintendent of Police, Khagaria may hear the informant as well. iii) No coercive steps would be taken against the petitioner or any body accompanying her to the office of the Superintendent of Police till the conclusion of the final report. iv) The final report would be submitted by the Investigating Officer only as per direction of the Superintendent of Police, Khagaria. With the aforesaid observations and directions, this writ application stands disposed of. Let a copy of this order be handed over to the G.P.18 for its onward communication. Let this order be communicated to the Superintendent of Police, Khagaria through fax at the cost of the petitioner. (S.P.Singh,J) 3