Virendra Saran, J. - (1.) HEARD learned Counsel for the applicant and the learned Government Advocate.
(2.) SMT . Meena is alleged to be a victim in an offence under Section 363/366. I.P.C. registered as Crime No. 35 of 1998 at P.S. Phardhan, distt. Kheri. The F.I.R. of the case was lodged by Krishna Kumar in which it was mentioned that his daughter had eloped with Randhir. Smt. Meena has filed this application with the allegations that she is major and has entered into marriage with Randhir on 11.2.1998. A medical certificate of Chief Medical Officer, Kheri, has been filed as Annexure -2 which shows that according to doctor age of Smt. Meena was about 18 years. In Annexure -4 Smt. Meena has filed two coloured photographs along with Randhir showing some marriage ceremony going on. Smt. Meena and Randhir are present in Court. No doubt photographs are of the persons who are present in Court. From appearance Smt. Meena appears to be major. A copy of the marriage certificate of Arya Samaj Mandir. Barabanki has also been filed. Annexure -5 is medical certificate of Dr. Ranjana Mishra, Obstetrician and Gynaecologist which shows that urine test for pregnancy has been found to be positive. This certificate is dated 10.4.1998.
(3.) A prayer has been made in this application that the statement of Smt. Meena be recorded under Section 164 Code of Criminal Procedure and the learned Counsel for the applicant has submitted that in case Smt. Meena falls in the hands of police she may be coerced to make statement in line with the prosecution case. He has further submitted that forcible abortion may also be done in case Smt. Meena falls in the hands of police. Learned Counsel has also submitted that father of Randhir has been arrested on the basis of the F.I.R. of Krishna Kumar at Lakhimpur -Kheri and is in jail.;