IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.788 of 2010 LAVALI KUMARI, W/o Jitendra Kumar, D/o Dasarath Pd. Yadav, R/o village Laheriyatoli, P.S.- Athmalgola, District- Patna. . . . . Petitioner. Versus 1. THE STATE OF BIHAR 2. S.P. Rural, Patna. 3. Dy.S.P., Barh, 4. Officer-in-charge, Athmalgola, Dist. Patna. 5. Dasarath Prasad Yadav, son of late Ran Chandra Rai Yadav, R/o village Laheri tola P.S.- Athmalgola, District- Patna. . . . . . Respondents. ----------- 2/ 15.09.2010 Heard learned counsel for the parties. The petitioner is daughter of informant Dasarath Prasad Yadav, who lodged a case on 01.02.2010, in Athmalgola police station, giving rise to Athmalgola P.S. case no. 07 of 2010 under Sections 363 and 366 (A) of the Indian Penal Code. The informant alleged that her daughter, namely the petitioner, has been kidnapped by Jitendra Kumar in the evening of 31.01.2010 at 8.00 P.M. The petitioner submits that she is major and has not been kidnapped rather she has gone out with aforesaid Jitendra Kumar on her own free will. She further states that she has married Jitendra Kumar in Baikathpur temple. Counsel for the State submits that petitioner should appear before the police, who would ascertain whether she is minor or major or whether she has married Jitendra Kumar or not. After hearing the parties, this Court passes the following orders: The petitioner along with Jitendra Kumar (her 2 husband) would appear before the Dy.S.P., Barh / Officer-in- charge, Athmalgola Police station, who would record the statement of the girl. Thereafter the police would send the petitioner to the court of Additional Chief Judicial Magistrate, Barh, Patna for recording her statement under Section 164 of Cr.P.C. The Additional Chief Judicial Magistrate, Barh, Patna if finds so expedient may also get the age of the petitioner verified by the aid of medical examination. The police thereafter will submit its report under Section 173(2) of Cr.P.C. without much delay. It will be open to the police to take the restatement of the informant, if it is not already recorded. No coercive action would be taken against the petitioner and Jitendra Kumar (her husband) for a period of six weeks from today. This application stands disposed of. Let a copy of this order be communicated to Additional Chief Judicial Magistrate, Barh, Patna through FAX at the cost of the petitioner. Uday/ (Samarendra Pratap Singh, J.)