IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.32596 of 2008
Surendra Kumar @ Surendra Paswan, Son of late Ram Kishun Paswan, Resident of Village
Bhatta, PS Kashichak, District Nawada. ---- Petitioner
Versus
State Of Bihar --- Opposite Party
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2 30.6.2011 The petitioner is aggrieved by the order dated
18.3.2008, passed by the Chief Judicial Magistrate, Nawada in
Nawada P.S. Case No. 271 of 2007 by which cognizance has been
taken under Sections 366, 420 and 34 of the Indian Penal Code.
The claim of the petitioner is that the daughter of the informant
who was a student of B.Sc. is a major. She voluntarily left her
home to marry the petitioner. Both of them were married for
which the petitioner has falsely been implicated in this case.
If the parties, at any time, during the pendency of this
case file a joint compromise petition or files a petition that they are
living together, then the Court below may consider this aspect
since if the girl is a major, there is no question that the offences
under Section 366 of the Indian Penal Code would be made out in
situation aforesaid.
This application is disposed of with the aforesaid
observation.
Sanjay ( Sheema Ali Khan, J.)