IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC NO.471 OF 2010 PRAMODITA KUMARI @ DUMPY, WIFE OF SUNIL KUMAR SINGH (DAUGHTER OF RAKESH SINGH), RESIDENT OF VILLAGE BHELDI, POLICE STATION BELDI, DISTRICT, CHAPRA…………………………………………………………………….….PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE DIRECTOR GENERAL OF POLICE, BIHAR, PTNA 3. THE DEPUTY INSPECTOR GENERAL OF POLICE, SARAN AT CHAPRA 4. THE SUPERINTENDENT OF POLICE, SARAN AT CHAPRA 5. THE OFFICER-IN-CHARGE OF BHELDI POLICE STATION, CHAPRA 6. RAKESH SINGH, SON OF LATE RAM GOPAL SINGH, RESIDENT OF VILLAGE SARAY BUX, POLICE STATION BHELDI, DISTRICT CHAPRA (SARAN)…….RESPONDENTS ----------- 2 21.05.2010 Heard learned counsel for the petitioner and learned counsel for the State. As per the claim of petitioner, she is major and she has solemnized marriage with Sunil Kumar Singh on her own volition and without any coercion. It is submitted by learned counsel for the petitioner that parents of the petitioner were opposed to the same and, therefore, her father, being an ex-Mukhiya of the Gram Panchayat, has instituted this false case bearing Bheldi P.S. Case No.77 of 2009 under Section 366A and other allied sections of the Indian Penal Code against her husband and her in-laws. The fact that petitioner is major and - 2 - she has solemnized marriage on her own sweet- will cannot be ascertained and decided in a writ jurisdiction. Therefore, petitioner is given liberty to appear before the Superintendent of Police, Saran at Chapra along with said Sunil Kumar Singh and produce her evidence in respect of majority and her marriage. If she produces her evidence with all supporting documents before the S.P. and if he is, prima facie, satisfied with the materials produced by her, he may cause the statement of the victim recorded under Section 164 of the Code of Criminal Procedure and thereafter he may direct the concerned Investigating Officer to proceed with the investigation of the case. If he is satisfied with the materials produced by the petitioner, he may pass order for interim protection of the petitioner and accused persons. The writ application is disposed of with the aforesaid observations and directions. Let a copy of this order be handed over to the learned counsel for the petitioner. B.T (J. N. Singh, J.)