IN THE HIGH COURT OF JUDICATURE AT PATNA CR. W.J.C. NO.915 OF 2009 SULEKHA KUMARI, WIFE OF SRI AWADHESH RAM, RESIDENT OF VILLAGE RAMPUR KANIH, P.S BAIRGANIA, DISTRICT SITAMARHI…………………………………………PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA 3. THE SUPERINTENDENT OF POLICE, SHEOHAR 4. THE OFFICER-IN-CHARGE, SHEOHAR POLICE STATION 5. S.I. NAGESHWAR HARIJAN OF SHEOHAR POLICE STATION, THE INVESTIGATING OFFICER OF SHEOHAR P.S. CASE NO.97 OF 2009 DATED 13.7.2009 6. JITENDRA RAI, SON OF RAM ISHWAR RAI, RESIDENT OF VILLAGE SUNDARPUR, KHARAUNA, P.S. + DISTRICT –SHEOHAR (INFORMANT OF SHEOHAR P.S. CASE NO.97 OF 2009)…………………………..RESPONDENTS ----------- 2. 04.05.2010 Heard learned counsel for the petitioner and learned counsel for the State. An F.I.R. was instituted by the brother of the petitioner alleging her kidnapping by the accused persons which was registered under Sections 363 and 366 A of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is major and she has solemnized marriage with one Awadhesh Ram on her own sweet-will and without coercion. Therefore, this petition has been filed for a direction to the respondents to provide protection to her, her husband Awadhesh Ram and his family members. - 2 - It is admitted that statement of the petitioner has not been recorded under section 164 of the Code of Criminal Procedure so far. In the circumstances, petitioner and her husband are given liberty to appear before the Superintendent of police, Sheohar and get their statements recorded. They shall also produce proof of majority of the petitioner and documents in respect of their marriage. Upon their appearance and production of the documents, S.P. shall get an enquiry held and if he finds that the assertion of the petitioner is correct, he shall get her statement recorded under Section 164 of the Cr.P.C. and thereafter, issue necessary instructions to the concerned Investigating Officer to proceed in the case on the basis of the materials collected and complete investigation. If necessary, S.P., Sheohar shall provide protection to the petitioner and her husband till the enquiry is complete. The writ application is disposed of with the aforesaid observations and directions. B.T (J. N. Singh, J.)