IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.548 of 2009 SUNITA KUMARI (DEVI) Versus STATE OF BIHAR & ORS ----------- 8 20.9.2010 The petitioner prays for quashing the F.I.R. of Kanhauli P.S. Case No.15/09 dated 5.2.2009 registered under sections 364,364(A) and 366 of the I.P.C. and section 27 of Arms Act. One Ram Kewal Thakur, respondent no.9, filed the aforesaid case alleging that the petitioner and others kidnapped her minor daughter, Sunita Kumari aged 14 years. Significantly enough, Sunita Kumari, daughter of the informant, has filed this writ application. She states that she is major and has married Rajgir Rai, respondent no.6, on her free will. Rajgir Rai is also major. This Court by order dated 14.9.2009 had directed for her medical examination. The medical report is on the record of this case. The statement of the victim girl under sections 161 and 164 of the Cr.P.C. should be recorded. Mr. Vinod Kumar, learned counsel appearing for the prosecution submits that the age certificate filed by the petitioner is not genuine certificate. He 2 further submits that the allegation against the petitioner leveled by the prosecution has been found to be true. Having heard the learned counsel for the parties this Court directs the I.O. to conclude the investigation on the basis of materials on record after getting the 161 and 164 Cr.P.C. statement of the girl recorded. However, it will be open for the parties to put forth their submission before the I.O. Pending final report, the interim order will continue. Let the medical report be sent back to the Chief Judicial Magistrate, Sitamarhi, for transmitting a copy of the same to the I.O. of the case, forth with. Let this order be faxed to the Chief Judicial Magistrate, Sitamarhi, at the cost of the petitioner which must be deposited by Wednesday next. AnilKr.sinha ( Samarendra Pratap Singh J.)