High Court Patna High Court - Orders

Guddu Gaur @ Guddu Kumar Gaut vs State Of Bihar on 15 July, 2011

Patna High Court – Orders
Guddu Gaur @ Guddu Kumar Gaut vs State Of Bihar on 15 July, 2011
                 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.)