Case Facts:
Patna High Court Cr.Misc. No.31641 of 2008 (8) dt.06-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31641 of 2008 ====================================================== 1. Pulkit Mishra, son of Late Harideo Mishra. 2. Bhawani Devi, wife of Sri Pulkit Mishra. 3. Sunil Kumar Mishra @ Gopal Mishra, son of Pulkit Mishra. 4. Shakuntala Devi, wife of Maha Jha. All resident of village-Kaithahi, Paschimvari Tola, P.S. Raj Nagar, District-Madhubani. .... .... Petitioners. Versus 1. The State of Bihar. 2. Smt. Sunita Mishra, wife of Sri Raman Kumar Mishra, resident of Kaithali, Paschim Vari Tola, P.S. Raj Nagar, District- Madhubani. .... .... Opposite Parties. ===================================================== Appearance : For the Petitioners. : Mr. Raj Dular Sah, Advocate. For the State : Mr. Ram Chandra Sahni, A.P.P. For the O.P. No.2 : Mrs. Soni Shrivastava, Advocate. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------------- 8 06-02-2012 Heard the parties. The petitioners have approached this Court under Section 482 of the Code of Criminal Procedure to quash the order dated 18.7.2007 passed in C.R. No.902 of 2007/T.R. No.2042 of 2008 by the court of Sri Sudhir Kumar Sinha, Judicial Magistrate, First Class, Madhubani, summoning the five accused, named in the complaint petition, including the petitioners, on inquiry under Section 202 of the Code of Criminal Procedure, finding prima facie case under [STATUTE] . On going through the materials available on the record Patna High Court Cr.Misc. No.31641 of 2008 (8) dt.06-02-2012 and the impugned order, apparently, I find no illegality in the impugned order for interference with the same in inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure. Accordingly, this application stands dismissed. However, it is made clear that the petitioners would be at liberty to raise all the points, raised herein, at the appropriate stage during the course of the trial in the court below. P.S./- (Rajendra Kumar Mishra, 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.