IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. W.J.C. No.752 of 2010 MEENA DEVI, wife of Utam Sahani, D/O Badri Sahni, resident of Village-Pachattaki Yadu, P.S. Bairgaria, District-Sitamarhi. --- Petitioner Versus 1. STATE OF BIHAR. 2. The Superintendent of Police, Sitamarhi, District-Sitamarhi. 3. The Officer-in-Charge, Bairgaria Police Station, District Sitamarhi. 4. Raj Kumar Singh, son of not known, the Investigating Officer of Bairgaria P.S. Case No.44/10, P.S. Bairgaria, District Sitamarhi. 5. Badri Sahani, son of Late Palat Sahani, resident of Village-Pachattaki Yadu, P.S. Bairgaria, District Sitamarhi. --- Respondents ----------- For the Petitioner : Mr. Mahendra Thakur & Mr. Ujjwal Kumar Mishra, Advocates For the S t a t e : Mr Ram Subhas Singh, Advocate ------------ 2. 9.12.2010 Heard learned counsel for the petitioner and the State. This application is for quashing the F.I.R. of Bairgania (District-Sitamarhi) P.S. Case No.44/10 registered for the alleged offences under sections 366A and 363/34 of the Penal Code with the allegation of the informant, who is respondent no.5, that this petitioner Meena Devi, who is minor aged about 13 years, has been kidnapped by the co-accused persons, including her husband Uttam Sahani. It has been submitted on behalf of the petitioner that the petitioner is major and she had married with the accused Uttam Sahani against the wishes of her father, with the result the F.I.R. has been lodged and the present case has been registered against her - 2 - husband and in-laws members of her family. Learned counsel for the State submits that the claim of the petitioner that she is major cannot be accepted in absence of any cogent material. In the above circumstances, let the investigation of the aforesaid criminal case be expedited collecting the relevant materials, including the statements of the petitioner under section 161 as also under also under section 164 of the Code of Criminal Procedure. It will be open for the investigating officer to request the Judicial Magistrate directing for constituting the Medical Board to ascertain the age of the petitioner. In case no final form/charge sheet has been submitted, no coercive steps shall be taken against the petitioner, including all the accused persons of the aforesaid Bairgania P.S. Case No.44/10. Let the present order be communicated to the Chief Judicial Magistrate, Sitamarhi in connection with Bairgania P.S. Case No.44/10 (Complaint Case No.474/10) through fax on the cost being deposited by the petitioner. The writ application stands disposed of with the above observations/directions. PNM (Shailesh Kumar Sinha, J.)