IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.557 of 2010 DEEPAK KUMAR @ PREM RAJ, SON OF OM PRAKASH @ KAILASH, RESIDENT OF VILLAGE- GOSAIN TOLA, P.S.- PATLIPUTRA, DISTRICT- PATNA . Versus 1. STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 2. THE STATE OF BIHAR, THROUGH DIRECTOR GENERAL-CUM-INSPECTOR GENERAL OF POLICE, BIHAR, PATNA 3. THE COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF HOME, BIHAR, PATNA. 4. THE INSPECTOR GENERAL OF POLICE, PATNA ZONE, PATNA, BIHAR. 5. THE DEPUTY INSPECTOR GENERAL OF POLICE, PATNA RANGE, PATNA, BIHAR 6. THE SENIOR SUPERINTENDENT OF POLICE, PATNA. 7. THE DISTRICT MAGISTRATE, PATNA. 8. THE OFFICER-IN-CHARGE, P.S.- PATLIPUTRA, PATNA :-- RESPONDENTS 1ST SET. 9. DHEERAJ YADAV, SON OF SRI RAJENDER PRASAD. 10. PANKAJ YADAV, SON OF SRI RAJENDER PRASAD. BOTH RESIDENTS OF YADAV CHAK, P.S.- PARSA, DISTRICT- PATNA. 11. MAHENDER YADAV. (BROTHER OF SRI RAJENDER PRASAD, R/O- YADAV CHAK, P.S. PARSA, PATNA). 12. VISHAL YADAV, RESIDENT OF YADAV CHAK, P.S. PARSA, PATNA :-- RESPONDENT 2ND SET. 13. RUBY KUMARI, WIFE OF DEEPAK KUMAR, R/O- RESIDENT OF VILL- GOSAIN TOLA, P.S.- PATLIPUTRA, DISTRICT- PATNA :-- RESPONDENT 3RD SET. ----------- 3. 03.06.2010. Heard learned counsel for the petitioner and the respondents. 2. In compliance of my order dated 31.5.2010 Respondent No. 8, Officer-in-Charge, Patliputra Police Station has filed counter affidavit stating that in compliance of the orders of this Court Senior Superintendent of Police, Patna has constituted an Investigating Team comprising of three Officer-in-Charge of Patliputra Police Station, Ram Krishna Nagar Police Station and Parsa Bazar Police Station who visited the house of the petitioner as also of the Private Respondent Nos. 9 to 13 and enquired into the details of the allegations set out in the petition and having made enquiries the Investigating Team is satisfied that there is no threat on the person of the petitioner and he is - 2 - quite competent to conduct his shop as there is no danger if he visits his shop and conducts his business there. It is, however, submitted in the counter affidavit that at the residence of Respondent Nos. 9 to 13 neither Respondent No. 13 nor her parents are available and the Investigating Team is making enquiry into the matter from Respondent Nos. 9 to 12 about the whereabouts of Rajender Prasad and his wife, the parents of Respondent No. 13 and no sooner the whereabouts of Rajender Prasad and his wife as also of Respondent No. 13 is known to the Investigating Team, Respondent No. 13 will be produced before the Chief Judicial Magistrate, Patna for recording her statement under Section 164 Cr.P.C. After the girl records her statement under Section 164 Cr.P.C. accepting the marriage with the petitioner then only she be medically examined, failing which the authorities will deal with the matter in the light of the statement made by the girl under Section 164 Cr.P.C. The Senior Superintendent of Police, Patna is directed to monitor the investigation conducted by the Investigating Team constituted by him and ensure production of Respondent No. 13 before the Chief Judicial Magistrate, Patna as early as possible, in any case within two weeks from today. 3. The Cr. Writ Application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)