IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.918 of 2011 Arzoo Begum Versus The State Of Bihar & Ors ----------- For petitioner:- Mr. Pankaj Kumar Sinha, Adv. Mr. Diwakar Sinha, Adv. For Respondent No.7:- Mr. Amal Kumar Sinha, Adv. For the State:- Mr. Prabhu Narayan Sharma, AC to AG --------- 3/ 19/10/2011 Heard learned counsel for the petitioner as well as learned APP for the State. 2. Petitioner who happens to be a victim and for her kidnapping, her father Md. Zafar Ali had filed written report leading to registration of Kishanganj P.S. Case No.354 of 2011 under Section 366(A)/120(B) of the IPC has prayed for quashing of the First Information Report along with other ancillary relief. 3. Learned counsel for the petitioner relying upon a Division Bench judgment reported in 1980 Cr.L.J. 764 has submitted that from the report itself the age of the victim has been shown as 15 years, the age which has been recognized as the age of puberty and the age at which a girl is found to be competent to marry at her sweet will and therefore, whatever consequences may, that was in the aforesaid background and so the instant FIR is nothing but a revengeful attitude of 2 Contd 19.10.2011 father of petitioner on account of which it is liable to be quashed. 4. The State has opposed and submitted that till today neither the age of the victim has been ascertained nor her statement under Section 164 of the Cr.P.C. has been recorded for want of her presence/apprehension by the investigating authority. Further submitted that the personal law is not going to overshadow the penal provision whereunder Section 361 marks the age of a minor up to 18 years and so, enticing away from the custody of natural guardian will certainly attract the punishment. 5. The learned counsel for the informant also followed the same argument. 6. Be that as it may, for the present it is an admitted fact that the petitioner did not appear before the investigating authority to have her medical examination more particularly relating to age as wall as having her statement recorded under Section 164 of the Cr.P.C. Because of the fact that victim has herself approached the court, shows the intention of victim which has now become open secret and under such situation, it is directed that during course of her presence before the investigating authority for the purpose of 3 Contd 19.10.2011 medical examination followed with Statement under Section 164 of the Cr.P.C., she will not be subject to any external coercion, threat and confinement. As the investigation is still going on therefore, it will be open to the investigating authority to proceed in accordance with law in the background of the material whatever comes after appearance of petitioner. 7. With the aforesaid observation, the instant petition is disposed of. perwez (Aditya Kumar Trivedi,J.)