Case Facts:
Patna High Court Cr.Misc. No.31275 of 2011 (2) dt.23-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31275 of 2011 ====================================================== 1. Suryamani Kumar @ Suryamani Singh, son of Dina Singh Resident Of Village- Bijulia,P.S.- Samho,District- Begusarai .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Thakur, Mr. Ravi Ranjan, Advocates. For the Opposite Party/s : Mr. Binod Kumar No.3, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 23-08-2012 Heard learned counsel for the petitioner and learned counsel for the State. This application has been filed for quashing the order dated 2.8.2011 passed in Samho P.S. Case No.25 of 2010, G.R. No. 2084 of 2010 by the Chief Judicial Magistrate, Begusarai by which he has taken cognizance against the petitioner under [STATUTE] . It has been alleged that the daughter of the informant, namely, Poonam Kumar, aged about 15 years was allured by one Surajmani Singh and she was kidnapped for the purposes of marriage. It has been further alleged that after search she could not be traced out. Patna High Court Cr.Misc. No.31275 of 2011 (2) dt.23-08-2012 Learned counsel for the petitioner has drawn the attention of this Court about the statement recorded under section 164 of the Code of Criminal Procedure and has submitted that she has not named the petitioner involved in the incident. At this stage the court has only to confine himself whether prima facie case is name out or not. This Court does not find any error in the impugned order. However, the petitioner will be at liberty to file the discharge petition before the court below and the court below will pass an order in accordance with law after examining the material that has been collected during investigation and other materials also. The court below is directed to expedite the trial. With the aforesaid observation and direction this application is dismissed. Vinay/- (Shivaji Pandey, J)

Applicable IPC Section: 363

Statute Text:
Section 363 of the Indian Penal Code. Kidnapping. Whoever kidnaps any person from India or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.