IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.571 of 2007 ASHRITA Versus THE STATE OF BIHAR & ORS ----------- 4 04.9.2008 Heard learned counsel for the petitioner and the State. No one appears for respondent no.7, informant of the case and father of petitioner even after valid service of notice. In the instant writ petition, the petitioner has prayed for quashing the prosecution case arising out of Sasaram (Town) PS case no.163 of 2007 registered by her father for offences under sections 366A, 120B,34 I.P.C. on the allegation that one Bhupesh Kumar Singh and others kidnapped her. It is submitted on behalf of the petitioner that she being major moved out of her house at her own sweet will and married Bhupesh Kumar Singh. In support of her age and marriage, she appended annexures 3 and 4, matriculation mark sheet and marriage certificate. It is submitted on behalf of the State that there is allegation against accused persons of kidnapping the minor petitioner. In the present case, certificates produced by the petitioner prima facie points out that she is major on the date of occurrence and above the permissible limit of age of marriage. The Apex court in the case of Lata Singh Vs. the State of Uttar Pradesh and another, reported in 2006(3) PLJR 329 SC while quashing the sessions trial arising out of the concerned FIR which related to alleged abduction of a girl by a boy observed that a major boy or a girl is free to marry or live with - 2 - any one he or she likes. The aforesaid decision has been followed by this court in the case of Manorama Devi vs the State of Bihar, reported in 2008(1) PLJR 821 in which this court quashed the FIR lodged for offences under section 366A of the IPC as during investigation police had found the age of the boy and the girl to be above 18 years. Having heard the parties, this court is of the view that petitioner should approach the Superintendent of Police, Rohtas at Sasaram and produce certificates regarding her age and marriage. Thereafter, he either himself or may direct the IO to take the 161 CrPC statements of the girl who has been alleged by her father to be abducted and kidnapped by accused persons named in the FIR. IO will also get recorded her 164 CrPC statement without any further loss of time. It is expected that the final report would be submitted without delay to the leaned magistrate in seisin of the case. It is made clear that the petitioner would represent to the investigating agency within two weeks from today, thereafter recording of statements would be completed within further four weeks. In the meantime, no restraint would be imposed on the petitioner against her wishes. Let this order be faxed to the court of the Chief Judicial Magistrate, Rohtas at Sasasram at the cost of the petitioner. Shashi. (S.P.Singh,J)