IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.999 of 2009 AMBA KUMARI @ SONI KUMARI, WIFE OF SANJIV MAHTO @ SANJAY MAHTO, DAUGHTER OF DURGA NAND JHA, RESIDENT OF VILLAGE JIRAUL, P.S. KHIRHAR, DISTRICT MADHUBANI, PRESENTLY, C/O RAJENDRA CHOUDHARY, RESIDENT OF VILLAGE JIRAUL, P.S. KHIRHAR, DISTRICT MADHUBANI....................PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA 2. THE DISTRICT MAGISTRATE, MADHUBANI, BIHAR 3. THE SUPERINTENDENT OF POLICE, MADHUBANI, BIHAR 4. THE OFFICER-IN-CHARGE, P.S. KHIRHAR, DISTRICT MADHUBANI 5. RAJENDRA CHOUDHARY, SON OF LATE JAI NARAIN CHOUDHARY, RESIDENT OF VILLAGE JIRAUL, P.S. KHIRHAR, DISTRICT MADHUBANI……………………………….RESPONDENTS ----------- 3. 16.02.2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner in this writ application has claimed that she is major and has married one Sanjiv Mahto on her own sweet-will and she is carrying a pregnancy of six months. Therefore, she has prayed for direction to the respondents to restrain them from interfering with her freedom and to allow her to live with her husband and to restrain the police from harassing her and her in-laws. A counter affidavit has been filed in this case in which it is stated that petitioner - 2 - is minor. Reply to the same has been filed today along with which the statement of the petitioner recorded under Section 164 of the Code of Criminal Procedure has been annexed as Anexure-4 in which she has claimed that she is 19 years of age and has married on her own volition and wants to live with her husband and in-laws. It is also stated on affidavit that the Medical Board has found her age as 17 years and carrying a pregnancy of 24 weeks. These matters have to be considered by the Investigating Officer for completing investigation and submitting a final report to the court. Therefore, this Court is not inclined to interfere with the investigation of the case. The police is directed to take into account all relevant materials as well as materials which may be made available by the petitioner and her in-laws and complete investigation at an early date and submit a final report. However, since petitioner has herself accepted in her statement under Section 164 of the Cr.P.C. that she has married on her own volition and is carrying a pregnancy of six months which has been found true by the Medical Board also, this Court - 3 - restrains the police from interfering with freedom of the petitioner and her right to live with her so-called husband and in-laws family. The police shall also not harass in-laws family of the petitioner and shall take steps against them only after obtaining appropriate orders of the court concerned and not otherwise. The investigation in any case must be completed as expeditiously as possible. With the aforesaid observations and directions, the writ application is disposed of. B.T (J. N. Singh, J.)