Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18663 of 2009 ====================================================== Ajay Kumar son of late Vikrama Ram, resident of Village-Sareya Ward No. 2, Lakhpatiya More, P.S. and District-Gopalganj. .... .... Petitioner Versus 1. The State Of Bihar. 2. Babita Devi daughter of Shri Suba Ram, resident of Village- Nawada, Parsat, P.S.-Uchkagaon, District-Gopalganj. .... .... Opposite Parties ====================================================== Appearance : For the petitioner :- Mr. R.K. Srivastava, Adv. For the State :- Mr. J.K. Roy, A.P.P. CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 3 18-04-2012 Heard learned counsel for the petitioner and learned A.P.P. appearing on behalf of State. This application, under Section 482 of the Code of Criminal Procedure, is to quash the order dated 17.04.2009, passed in Complaint Case No. 1537 of 2008 (Tr. No. 2635 of 2009) by Sri S.P. Mishra, Judicial Magistrate, 1st Class, Gopalganj, summoning the accused-petitioners, on enquiry under Section 202 of the Code of Criminal Procedure, finding prima facie case under [STATUTE] . On perusal of the impugned order, I find no illegality for interference in inherent jurisdiction under Section 482 of the Code of Criminal Procedure. Accordingly, this application is dismissed. Patna High Court Cr.Misc. No.18663 of 2009 (3) dt.18-04-2012 2/2 However, the petitioner 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.