IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.36946 of 2008
Guddu Gaur @ Guddu Kumar Gaur, son of Petu Gaur, village Gaura, PS Sahpur, Dist. Bhojpur -
Petitioner.
Versus
State Of Bihar
2 15.7.2011
Heard learned counsel for the petitioner and the
counsel appearing on behalf of the State.
This application has been filed for quashing the order,
dated 9.7.2007 passed by the Chief Judicial Magistrate, Bhojpur in
Jagdishpur PS Case No. 158/2005 by which cognizance has been
taken for the offences under sections 366A/34 of the Penal Code.
The facts are that one Surendra Kumar alias Surendra
Gode had supposedly ran away and kidnapped Punam Kumari.
The trial of Surendra Kumar commenced and by judgment, dated
18.12.2006 passed in S.T. No. 467/2006 by the Additional
Sessions Judge, FTC, Bhojpur has come to the finding that both
Surendra Kumar and Punam Kumari are happily married. The
families have no complaint against each other and that no case is
made out under section 366A of the Penal Code.
The present petitioner is supposed to have abated the
kidnapping of Punam Kumari. Since the main person has been
acquitted in this case, this court finds no reason that this petitioner
should be put to rigorous of trial.
The order, dated 9.7.2007 is hereby quashed and this
application is allowed.
haque ( Sheema Ali Khan, J.)