IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.36414 of 2008
Gyasuddin Ansari S/o Manzoor Ansari, R/o Village-Baijalahan,
P.S.-Gopalpur, District-Gopalganj.
.......Petitioner
Versus
1. The State Of Bihar.
2. Mirtyunjay Mishra S/o late Harikesh Mishra.
3. Rubi Mishra Daughter of Harikesh Mishra.
Both residents of Village-Baijalahan, P.S.-Gopalganj, District-
Gopalganj.
........Opposite Parteis
-----------
02 14.07.2011 Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioner is accused in a case registered under
Section 366 (A) of the Indian Penal Code.
Learned counsel submits that the statement under Section
164 of Cr.P.C. in the case indicates that the girl and the petitioner were
friends and that the petitioner had not indulged any illegal act with the
girl in question. It is also submitted that she is 16 to 17 years away and,
as such, no offence is made out under Section 366(A) of the Indian
Penal Code.
In case, the parties compromise the matter in future and
the Court comes to the conclusion that they are merely friends and that
the allegation of kidnapping is incorrect. It would open to the Court to
record this finding and pass appropriate orders.
However, the aforesaid grounds and submissions cannot
be the basis for quashing of the order of cognizance.
This application is, thus, dismissed.
(Sheema Ali Khan, J.)
Safik