Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33009 of 2009 Jai Gopal Yadav @ Gopal Yadav & Ors Versus State Of Bihar & Anr For the petitioner : Jai Gopal Yadav Manoj Kumar Jha For the State : Renuka Ratnakar 02 27.01.2012 Heard learned counsel for the petitioner and the State. This application under Section 482 Cr.P.C, is to quash the order dated 30.5.09 passed by the Chief Judicial Magistrate, Bhagalpur in Khalgaon P.S.Case No.221 of 2008 taking cognizance of the offence against five accused including petitioners for the offence under [STATUTE] . Learned counsel appearing on behalf of the petitioner submits that the victim was recovered after 15 days of the occurrence and her statement under Section 164 was recorded in which she was not disclosed the name of the petitioner. Perused the impugned order, on perusal of the case diary especially the paragraph 1 to 30 the learned Magistrate has arrived at the conclusion that prima facie case under Section 366/34 is made out. 2 As such I do not find any illegality in the impugned order amounting to abuse of the process of court. Thus this application stands dismissed. As far as defence as raised on behalf of the petitioner is concerned, petitioners may raise the defence in trial court at appropriate stage. Namita ( Rajendra Kumar Mishra , J.)

Applicable IPC Section: 366

Statute Text:
Section 366 of the Indian Penal Code. Kidnapping or abducting a woman to compel her marriage or to cause her defilement etc. Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid.