IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.291 of 2008 SINKI KUMARI SONI @ SINKI SONI & ORS Versus THE STATE OF BIHAR & ORS ----------- 2 27.1.2009 Petitioner no.1 is the daughter of one Shri Bhagwan Soni, the informant, the informant of Ram Nagar P.S. Case No.98/08 under section 366 of the I.P.C. Petitioners no.2,3 and 4 are the accused in the aforesaid case. The informant alleged that the accused persons kidnapped her minor daughter, Sinki Kumari. Petitioner no.1 submits that she is major and aged about 19 years and on her free will had married petitioner no.2. In support of her contention petitioner no.1 has annexed matriculation certificate. The learned counsel for the State submits that there is allegation against petitioner no.2 to 4 in the F.I.R. A major girl and boy are free to move and marry the person of their choice. In such circumstance no case under section 366 of the I.P.C. would be made out against the petitioners. The learned counsel has rightly relied upon the decisions of the Hon’ble apex Court in case of Lata Devi vs. the State of Bihar reported in 2006(3) PLJR 327 S.C., Manorma Devi vrs. the State of Bihar reported in 2008 (1) PLJR 821 and Sabnam Kumari @ Usha vrs. The State of Bihar reported in 2008 (4) PLJR 129. In the facts and circumstances of the case, this Court 2 directs that the petitioners would appear before the I.O. of the case and put forth their claim within five weeks from today that they are major and petitioner no.1 has married petitioner no.2 on her free will. Thereafter the I.O. would complete the investigation within five weeks thereafter. In the meantime no coercive steps would be taken against the petitioners. With the aforesaid directions this writ application is allowed to the extent stated above. It will be open to the I.O. to notice the informant also. Anilksinha (Samarendra Pratap Singh,J.)