Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26431 of 2010 ====================================================== 1. Pano Devi , wife of Late Chandeshwar Prasad @ Chandeshwar Singh 2. Shailendra Kumar @ Soni, Son of Dharmendra Prasad Both permanent residents of Village- Gajendra Bigha, P.S. Hilsa, District-Nalanda 3. Rita Devi, wife of Bijendra Prasad, resident of Village- Narayanpur, P.S. Ekangar Sarai, District-Nalanda .... .... Petitioner/s Versus 1. The State Of Bihar 2. Sanju Kumari, daughter of Basudeo Prasad, resident of Village- Ajnaura, P.S. Noorsarai, District-Nalanda.... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.19290 of 2010 ====================================================== 1. Dharmendra Prasad S/O Late Chandeshwar Prasad @ Chandeshwar Singh , permanent resident of village- Gajendra Bigha, P.S. Hilsa, Distt. Nalanda .... .... Petitioner/s Versus 1. State Of Bihar 2. Sanju Kumari D/O Basudeo Prasad R/O Vill. Ajnaura, P.S. Noorsarai, Distt. Nalanda .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ------------------------------- 4 06-08-2012 Heard Sri Anjani Kumar, learned Senior Counsel appearing on behalf of the petitioners and Sri Hare Krishna Prasad, learned counsel appearing on behalf complainant/Opp. Party no.2. Both the cases arise out of the same complaint and, as such, they were heard together and are being disposed of by this common order. Patna High Court Cr.Misc. No.26431 of 2010 (4) dt.06-08-2012 2 / 2 2 In both the petitions, petitioners have prayed for quashing of an order of cognizance, which was passed on 21.07.2008 by Sri M.K.Singh, learned Judicial Magistrate, 1st Class, Biharsharif, Nalanda in Complaint Case No.1162 (C) of 2007. Cognizance order was passed for the offence under [STATUTE] . Since order of cognizance is under challenge, which was passed long back in the year 2008, the Court is of the opinion that the petitioners can raise all the points, which have been raised in the present petition at the appropriate stage and, as such, both the petitions stand disposed of with liberty to the petitioners to raise all the points, which have been raised in the present petitions, at the appropriate stage. The Court expects that if at the appropriate stage, such petition is filed by the petitioners, the learned court below without being prejudiced with this order, may examine the same and pass appropriate order in accordance with law. NKS/- (Rakesh Kumar, J)

Applicable IPC Section: 498

Statute Text:
Section 498 of the Indian Penal Code. Enticing or taking away or detaining with a criminal intent a married woman. Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.