IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.741 of 2009 1. Md. Yunus , son of late Humayun Mandal, 2. Khalida Khatoon, wife of Md. Yunus, All are resident of village Logwa (Belwa), P.S. Abadpur, Distt. Katihar. ..... Petitioner. Versus 1. The State of Bihar. 2. The Directorate General of Police, Sachivalaya, Patna. 3. District Magistrate, Katihar. 4. Superintendent of Police, Katihar. 5. Deputy Superintendent of Police, Katihar. 6. Firdosh Ali, son of Kismat Ali. 7. Kismat Ali, son of late Galo. 8. Maiyuna Khatoon, wife of Kismat Ali. 9. Md. Salu, daughter of Kismat Ali. 10. Md. Bhalak, son of late Abdul Hussain. Nos.6 to 10 all are residents of village- Lagwa (Belwa), Police Station Abadpur, District Katihar. 11. Mukhatara Banu, daughter of Md. Yunus, resident of village Logwa (Belwa) Police Station- Abadpur, District Katihar. 12. Manowar Alam, son of late Abdul Rahman, resident of village Logwa (Belowa), Police Station- Abadpur, District Katihar. ...... Respondents. ----------- 05- 30.3.2010 Heard Mr. S K Tiwary for the petitioner, Mr. Ahshanuddin Amanullah, learned Standing Counsel no.17 for respondent nos.1 to 5, and Mr. Anil Kumar Sinha for respondent no.12. The petitioners are husband and wife, and claim to be the parents of respondent no.11. It is stated in the writ petition that respondent no.11 is lawfully married to respondent no.12, the marriage is subsisting, notwithstanding which she has been abducted by respondent nos.6 to 10. 2 2. On the other hand, the learned Standing Counsel submits that respondent no.11 has, in her statement under section 164 of the Code of Criminal Procedure, stated that she is a major and is happily living with respondent no.6. In his submission, respondent nos.6 and 11 have prima-facie created a new relationship in a situation where both of them are major, and no question of abduction arises. The learned Standing Counsel also relies on the medical report which is to the effect that respondent no.11 is 23 years of age. 3. On a thoughtful consideration of the matter, it appears to us that, as things stands at present, the writ petition for the reliefs prayed for herein is not maintainable. It is accordingly dismissed. (S K Katriar, J.) (Kishore K. Mandal, J.) S.K.Pathak/