IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.864 of 2009 1. ALI AHMAD, SON OF SRI MERAJ AHMAD 2. SIMRAN KUMARI, DAUGHTER OF SRI SHAMBHU SINGH AND @ SHAZIA PARVEEN, WIFE OF SRI ALI AHMAD, RESIDENT OF VILLAGE BARI PALI, P.S. NARHAT, DISTRICT NAWADA AT PRESENT RESIDING AT VILLAGE SALIMPUR, DUMRA, P.S. SHASTRINAGAR, DISTRICT PATNA………………………………………………………………..PETITIONERS VERSUS 1. STATE OF BIHAR THROUGH D.G.P., BIHAR, PATNA 2. S.P. NAWADAH 3. O/C OF NARHAT P.S., DISTRICT NAWADAH 4. SRI SHAMBHU SINGH, SON OF LATE PARMESHWAR SINGH, RESIDENT OF VILLAGE DEVRA, P.S. SITAMARHI, DISTRICT NAWADAH………………RESPONDENTS ----------- 2. 26.02.2010 Heard learned counsel for the petitioners and learned counsel for the State. Two petitioners claim to have married with each other. It is stated that they are major and in proof of majority of the girl, petitioner no.2 Simran Kumari, certificate of the Bihar School Examination Board and one Nikahnama (marriage certificate) of Maulana Qazi Reyazuddin Amini and affidavits of these petitioners are annexed as Annexures 2, 3, 3/1 and 3/2 to this application. This Court is of the view that these materials should be placed before the police for taking into account the same for proper investigation of the case. In the circumstances, the writ application is disposed of with liberty to the - 2 - petitioners to appear before the Superintendent of Police, Nawadah along with certificates and affidavits within two weeks from today. S.P., Nawadah will receive their application and certificates and, if necessary, shall also arrange for recording the statement of petitioner no.2 under Section 164 of the Code of Criminal Procedure. After recording the statement of the girl under Section 164 of the Cr.P.C. and if the Superintendent of Police, Nawada is satisfied with regard to majority of petitioner no.2, he will issue necessary instruction to the concerned Investigating Officer to proceed for investigation of the case taking into account the materials produced before him. For their appearance before the S.P. and for recording the statement of petitioner no.2 under Section 164 of the Cr.P.C, S.P. will ensure full protection to them and shall ensure that the petitioners are not harassed and coercive steps are not taken against them till then. With the aforesaid observations and directions, this writ application is disposed of. B.T (J. N. Singh, J.)