Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15144 of 2009 ====================================================== 1. Devendra Singh. 2. Mahendra Singh. Both sons of late Rup Narayan Singh, resident of Village-Mauza Patnahiya Raghunathpur, Muzaffarpur A/P Quarter No. 1/65 E.N.E. Railway Colony Baranashi, P.S.-Baranashi, District-Baranashi. .... .... Petitioners Versus 1. The State Of Bihar. 2. Rani Devi wife of Sri Devendra Singh D/o Sri Rameshwar Mandal of Mohalla-Sadiquepur, Machhua Toli, P.S.-Alamganj, District-Patna. .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 5 23-04-2012 Heard learned counsel for the petitioners and learned A.P.P. appearing on behalf of State. The petitioners have filed this application under Section 482 of the Code of Criminal Procedure, to quash the order dated 05.03.2009 passed in C.A. No. 493 of 2001, whereby the learned Judicial Magistrate, 1st Class, Patna City rejected the application filed on behalf of accused-petitioners for discharge. Learned counsel appearing on behalf of petitioners submitted that opposite party no. 2, Rani Devi, who is the wife of petitioner no. 1, Devendra Singh, has filed the complaint case for the offence under [STATUTE] against the petitioners after ten years of the marriage, which itself shows the false implication of the petitioners. Patna High Court Cr.Misc. No.15144 of 2009 (5) dt.23-04-2012 2/2 On perusal of the impugned order, it appears that the learned Judicial Magistrate on perusal of the evidence of the witnesses as recorded before charge, rejected the application of the accused-petitioner for discharge. Apparently, I find no illegality in the impugned order for interference in inherent jurisdiction under Section 482 of the Code of Criminal Procedure. Accordingly, this application is dismissed. However, the petitioners would be at liberty to raise his defence, raised herein, at appropriate stage in trial Court. Safik/- (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.