IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.716 of 2007 RUPA KUMARI @ RUPA TIWARI Versus THE STATE OF BIHAR & ORS ----------- 3 19.9.2008 Heard counsel for the petitioner and the State. The petitioner is a daughter of respondent no.6. Respondent no.6 filed a case being Gardanibagh P.S. Case No.227 of 2007 under section 366 of the Penal Code alleging that one Murli Tiwari has abducted his daughter. Learned counsel for the petitioner submits that the averments made in the F.I.R. would itself go to show that the petitioner is a major and in support of her claim she relied upon a certificate granted by the Bihar School Examination Board dated 15.6.2001, in which her date of birth is entered as 5.2.1987. He further submits that she has apprehension that some coercive action against her from her parents may be taken and as such she needs some protection so that she may appear before the Investigating Officer of the case for recording of her statement. Learned counsel for the State submits that the petitioner should file documents in support of her claim of being major before the Investigating Officer concerned. Having heard learned counsel for the parties, this court is of the view that the petitioner, if so advised, may appear before the Investigating Officer and may put forth her claim of being major and as she is free to marry any one of her choice. Thereupon, the Investigating Officer of the case will record her statement under - 2 - KHAN section 161 Cr.P.C. and if necessary will also get her statement recorded under section 164 Cr.P.C. In the meanwhile, no coercive steps would be taken against the petitioner in connection with Gardanibagh P.S. Case No.227 of 2007 for eight weeks from today. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)