IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.870 of 2010 1. SEEMA KUMARI WIFE OF JAI RAM RAI AND DAUGHTER OF SRI RASIK LAL RAI, PRESENTLY RESIDING AT PURANI BARH P.O. AND P.S. BARH, DISTRICT – PATNA 2. JAI RAM RAI SON OF SAKALDEO RAI, RESIDENT OF VILLAGE SAMASTIPUR, BISUNPUR, P.S. BACHHAWARA, DISTRICT – BEGUSARAI AND PRESENTLY RESIDING AT PURANI BAZAR, P.O. AND P.S. BARH, DISTRICT PATNA. Versus 1. STATE OF BIHAR 2. THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA. 3. THE SUPERINTENDENT OF POLICE (RURAL), PATNA. 4. THE SUPERINTENDENT OF POLICE, SAMASTIPUR. 5. THE STATION HOUSE OFFICER, M.NAGAR POLICE STATION SAMASTIPUR, DISTRICT SAMASTIPUR. 6. RASIK LAL RAI, SON OF LATE GURU CHARAN RAI, RESIDENT OF VILLAGE HASANPUR, P.S. M. NAGAR, DISTRICT SAMASTIPUR. ----------- 02. 20.12.2010 Heard learned counsel for the petitioner and Mr. P.K. Verma, Additional Advocate General No. V for the State. It is submitted on behalf of the petitioners that being major they solemnized the marriage, however, against the wishes of their parents particularly, the father of the petitioner no. 1 who is seriously not accepting the marriage and as such, has lodged the present case i.e. M. Nagar P.S. Case No. 36 of 2009 which was registered for the alleged offence under 2 Section 366(A)/34 of the Indian Penal Code. Learned counsel for the State submits that during investigation on verification of the School Register, it is found that the date of birth of petitioner no. 1 was recorded as 05.03.1991 and as such, on the date of of lodging the FIR, the age of petitioner no. 1 is 11 years only. Besides the above identity of petitioner no. 1 is also required to be enquired into. Learned counsel for the petitioner submits that the date of birth as recorded in the School Register should not be taken into consideration. As a matter of fact, petitioner nos 1 and 2 both are Major. Learned counsel for the State submits that petitioner no. 1 may appear before the Chief Judicial Magistrate, Samastipur where her statement under Section 164 Cr.P.C. would be recorded and also a report would be called for from Civil Surgeon, Samastipur with regard to her age and also her medical examination. Considering the submissions of the parties, let petitioner no. 1 appear before the Chief Judicial Magistrate, Samastipur within a period of six weeks from today. On appearance of the petitioner no. 1, her statement under Section 164 Cr.P.C. be recorded and with regard to her age a report would be called for from the Civil Surgeon, Samastipur after her medical 3 examination. On receiving the medical report with regard to her age and also after satisfying the identity of the petitioner no. 1, the Chief Judicial Magistrarte, Samastipur shall pass the appropriate orders as per law. It goes without saying, that if petitioner no. 1 fails to appear within the aforesaid period, it will be open for the police authority to take steps in accordance with law. Till further enquiry, no coercive steps shall be taken against both the petitioners in connection with M.Nagar P.S. Case No. 36 of 2009. Let the order be communicated to the Court of Chief Judicial Magistrate, Samastipur in connection with M.Nagar P.S. Case No. 36 of 2009 through fax at the cost being deposited on behalf of the petitioner. The writ applications stand disposed of with the above observations/directions. Jagdish/ ( Shailesh Kumar Sinha, J.)