IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.539 of 2008 SUDHA KUMARI Versus STATE OF BIHAR ----------- 2. 08.09.08. Heard. The petitioner is daughter of the informant. The informant has filed an F.I.R. which is numbered as Gurua Police Station Case No. 85/2007 under Section 366 of the Indian Penal Code against the husband of the petitioner. In the instant case, learned counsel for the petitioner submits that she is a college going student aged about 19 years and she is major. She is married with one Amar Kumar Mukherjee on 27.11.2007, out of her free will and choice. Learned counsel for the petitioner further submitted that the petitioner is willing to give her deposition under Section 161 Cr.P.C. as well as under Section 164 Cr.P.C. Learned counsel for the petitioner further submitted that the husband of the petitioner Amar Kumar Mukherjee is already in jail custody since 26.12.2007. In view of the aforesaid facts and circumstances, this Court is of the view that the petitioner should appear before the Investigating Officer and get her statement recorded under Section 164 Cr.P.C. before the competent Magistrate as the petitioner is not accused in the case. As such, in this situation, no coercive step should be taken against the petitioner, if she appears before the police for having her aforesaid statement recorded. With the aforesaid observations, this Criminal Writ application is allowed. m.p. (Samarendra Pratap Singh, J.)