IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.260 of 2009 MD. MOIN, son of Late Md. Subhan, Resident of Mohalla- Kankarbagh, PS Kankarbagh, District Patna Versus 1. STATE OF BIHAR 2. The Director General of Police Cum Inspector General, Bihar 3. The Inspector of General, Central Range, Patna 4. The D.I.G., Central Range, Patna 5. The Senior Superintendent of Police, Patna 6. The Dy. Superintendent of Police Kankarbagh 7. The Officer Incharge, Kankarbagh Police Station 8. The Md. Ahmad, son of Md. Allaudin, resident of village Bhagwatipur, PS Bihpur, District Bhagalpur. ----------- 7 29-07-2009 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing for respondent no.8, namely, Md. Ahmad son of Md. Allaudin, resident of village Bhagwatipur, PS Bihpur, District Bhagalpur. This criminal writ petition has been filed by Md. Moin seeking issuance of an appropriate writ, order or direction upon the Director General of Police, Bihar and other police officials including the Officer Incharge of Kankarbagh police station to produce the daughter of petitioner, namely, Rabia Khatoon before this court on the allegation that she is a minor and has been illegally kidnapped by respondent no.8 and some others. On behalf of respondent no.8 an Interlocutory Application (Criminal) no. 1532/2009 has been filed seeking permission of this court to produce Rabiya Khatoon to whom he claims to be married with her consent. Today when the I.A was under consideration respondent no. 8 has appeared with Rabiya Khatoon and they have 2 stated before the court that they have married each other out of free will. Rabiya Khatoon has claimed before the court that she is a major and entitled to marry respondent no.8 by her choice. The marriage certificate has been annexed as annexure-A to the aforesaid I.A. She has indicated clearly that she wants to reside with her husband, respondent no.8. This court would not like to decide any of the issues which may fall for determination in the substantial criminal case bearing Kankarbagh PS case no. 163/2008 dated 1-5-2008 which is pending before the Chief Judicial Magistrate, Patna. Now when the alleged victim of kidnapping, namely, Rabiya Khatoon has appeared before the court and has convinced the court that she has not been kept in confinement against her wishes, this court would not like to decide any issues but we think that it would be proper to allow her for the present to go with respondent no.8 with whom she has come and appeared before this court. In order to keep the record of her identity a HAJIRI signed by her has been kept in records of the case. This court is conscious that respondent no.8 is wanted in a criminal case and Rabiya Khatoon will be an important witness in that case. Hence, we direct respondent no.8 to appear before the Chief Judicial Magistrate, Patna along with Rabiya Khatoon within a period of two weeks from today. Learned counsel for the respondent no.8 has submitted that under the pressure of the present writ petition the police authorities are 3 harassing respondent no.8 and his family members. In that view of the matter, since we have granted two weeks time to respondent no.8 to appear before the Chief Judicial Magistrate, Patna, we direct the concerned police officials not to take any coercive action against respondent no.8 for the next two weeks. With the aforesaid observations and directions, this Criminal Writ Petition is finally disposed of. It is made clear that it will be for the Chief Judicial Magistrate, Patna to proceed in the matter in accordance with law particularly in relation to record the statement of alleged victim girl or ascertainment of her age. BKS/- (Shiva Kirti Singh, ACJ.) (Anjana Prakash, J.)