IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.755 of 2009 BHUSHAN KUMAR YADAV Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Mr. Nasrul Hoda Khan, Advocate Mr. Md.Irshad, Advocate For the State : Learned A.P.P. 2 29.6.2010 Heard counsel for the petitioner and the State. The petitioner prays for quashing the F.I.R. of Samastipur Mufassil P.S. Case No.550 of 2009 dated 29.8.2009 registered under sections 366(A), 364 of the Penal Code lodged by Munni Devi wife of Late Shailendra Prasad Yadav, resident of Village-Adharpur, P.S. Mufassail, Samastipur. It is alleged by the informant that the petitioner has kidnapped her 16 years old daughter who was a student of Science Academy, Samastipur. Learned counsel for the petitioner submits that the allegation leveled against him is false. In fact, he and the daughter of the informant Rajni Kumari were in love with each other and have solemnized their marriage on 26.8.2009 on their own free will. He further submits that the girl Rajni Kumari has filed a petition before the Chief Judicial Magistrate, Samastipur on 5.9.2009 stating therein that she is a major, aged about 19 years old and she married the petitioner with her own free will without any coercion. He further submits that this court in the case of Prajapati Saran Sinha @ Prajapati Singh & Ors Vs State of Bihar & Ors, reported in 2008(3) P.L.J.R. 267 have quashed 2 KHAN the order taking cognizance under section 366A though there was dispute in respect of minority of the girl on the alleged date of occurrence. Counsel for the State submits that from perusal of the F.I.R. it would appear that 15 years old daughter of the informant was abducted by the petitioner on a motor cycle for ulterior purposes. The police in course of investigation has found the allegations to be true. It would appear from perusal of the supervision note that investigation is pending. In case investigation has not been concluded it would be open for the girl Rajni Kumari to appear either before the Investigating Officer or before the S.D.P.O., Sadar, Samastipur and put forth her case contending that she was major on the alleged date of occurrence and she was not abducted by the petitioner. The girl Rajni Kumari must approach the Investigating Officer or the S.D.P.O., Sadar, Samastipur within six weeks from today. However, no coercive steps would be taken against the girl Rajni Kumari, more so as she is not an accused in the case. With the aforesaid observations and directions, this writ petition stands disposed of. Let this order be communicated to the Superintendent of Police, Samastipur in connection with Samastipur Mufassil P.S. Case No.550 of 2009 through fax at the cost of the petitioner. (S.P.Singh,J) 3