IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.167 of 2009 Sangam Kumari @ Sangam Devi & Anr Versus State Of Bihar -------------- 14/ 19thOctober 2011 Instead of getting the matter disposed of at an early occasion, it is lingering since 2009. The case appears to be of the year 2008 and virtually it happens to be order dated 01.09.2009 under the garb of which the petitioners got the matter pending before this Court instead of coming under the stream of law whereunder the statement of victim in case of abduction or kidnapping happens to be of paramount consideration. So far present scenario is concerned, that has arisen on the written report of Sabita Chaudhary mother of petitioner no.1, Sangam Kumari @ Sangam Devi having an allegation that she has been kidnapped by her neighbour Pappu Kumar Yadav. At the time of alleged occurrence the age of victim has been shown as 15 years. The instant petition has been filed by Sangam Kumari @ Sangam Devi as well as Avinash Kumar @ Pappu Kumar Yadav, former the victim and the latter an accused, claiming themselves to be spouse and so prayed for quashing of FIR of Gardanibagh P.S. Case No. 75/2008 along with relief which in the facts and circumstances of the case appears to be not tenable 2 till presence of petitioner no.1, Sangam Kumar @ Sangam Devi before the investigating authority and having her statement recorded under Section 161/164 of the Cr.P.C., apart from medical examination. However, in the changed circumstances, if the petitioner no.1 appears before the investigation authority for her medical examination as well as statement, she will not be subjected to confinement, torture, coercion and in case she is found to be major one, then in that event, she will be found free on her own wish and volition. The statement whatever comes out from the mouth of petitioner no.1, Sangam Kumari @ Sangam Devi will certainly command the ultimate fate which, the investigating authority, while proceeding with investigation will also take care of. With the aforesaid observation, the instant petition is dismissed. Let this order be faxed to the learned lower court at the cost of the petitioner. perwez ( Aditya Kumar Trivedi, J.)