IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.937 of 2010 GURIYA SINGH @ GURIYA PATHAK @ SANDHYA Versus STATE OF BIHAR & ORS ----------- 2 6.10.2010 The petitioner, who is the sister of respondent no.6 Amritesh Kumar, seeks a direction to the respondent authorities to protect her life and liberty as well as to her husband (Respondent no.6) and his family members who have been implicated in Paroo P.S. Case No.50 of 2010 under sections 366(A)/34 of the Penal Code. It is alleged by the informant Amritesh Kumar that on 26.3.2010 his sister Sandhya @ Guriya, the petitioner, who is aged about 15 years, was abducted by his co-villager Shambhu Nath Singh, respondent no.7. Learned counsel for the petitioner submits that the instant prosecution is vexatious one against the accused persons as he married Shambhu Nath Singh, respondent no.7, on her own free will and there was no abduction or any foul play. He submits that the petitioner and her husband Shambhu Nath Singh were adult at the relevant time and she at her own free will married him and since then they are living together as husband and wife. The Hon’ble Supreme Court in the case of Lata Singh Vs State of Uttar Pradesh and another, 2006(3) P.L.J.R. 329 has held that a major boy or a girl is free to marry or live with any one he or she likes. 2 KHAN Having heard learned counsel for the parties, this court directs that if the petitioner appears before the Investigating Officer, Paroo P.S. in the district of Muzaffarpur within ten weeks from today, he would take steps for recording of her statement both under section 161 and 164 Cr.P.C. if the investigation is not already completed and will ascertain her age. The petitioner would be free to produce all such documents in respect of her claim of being major on the date of occurrence and would also record her statement whether she has gone with Shambhu Nath Singh at her own free will or not. The Investigating Officer may notice the informant/parents of the petitioner also. It is made clear that the Investigating Officer would complete the investigation and submit final report within ten weeks from the date of receipt/production of a copy of this order. No coercive steps would be taken against the petitioner and her husband Shambhu Nath Singh for five weeks from today. With the aforesaid observations and directions, this application stands disposed of. Let this order be communicated to the Chief Judicial Magistrate, Muzaffarpur in connection with Paroo P.S. Case No.50 of 2010 through fax at the cost of the petitioner. (S.P.Singh,J) 3