Case Facts:
Patna High Court Cr.Misc. No.18817 of 2010 (4) dt.26-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18817 of 2010 ====================================================== 1. Mithalesh Mandal @ Mithlesh Kumar Mandal son of Siyaram Mandal. 2. Siyaram Mandal son of late Lutan Mandal. Both are residents of Mohanpur, Milakdhare Tola, P.S.-Pirpainti, District-Bhagalpur. 3. Sikandar Mandal son of Sipahi Mandal, resident of Village- Madhuban Tola, P.S.-Pirpainti, District-Bhagalpur. 4. Pappu Mandal son of Ramdeo Mandal, resident of Village-Kawola, P.S.-Manihari, District-Katihar. 5. Subodh Mandal @ Subodh Kumar Mandal son of Gholtan Mandal, resident of Village-Rani Daiyara Naya Bajrangbali Chowk, P.S.- Kahalgaon, District-Bhagalpur. .... .... Petitioners Versus 1. The State Of Bihar. 2. Niranjan Prasad Singh, son of late Brahmdeo Singh, resident of Village-Mohanpur Tilakdhari Tola, P.S.-Pirpainti, District- Bhagalpur. .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 4 26-09-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application under Section 482 of the Code of Criminal Procedure, is to quash the order dated 15.12.2009 passed in Complaint Case No. 10-C of 2008 by the learned Railway Judicial Magistrate, Khagaria, summoning the accused petitioners, on enquiry, finding prima facie case under [STATUTE] . On perusal of the impugned, I find no illegality amounting to abuse of the process of the Court for interference in Patna High Court Cr.Misc. No.18817 of 2010 (4) dt.26-09-2012 inherent jurisdiction under Section 482 of the Code of Criminal Procedure. Accordingly, this application is dismissed. However, the petitioner would be at liberty to raise all defence, raised herein, at appropriate stage in trial court. Safik/- (Rajendra Kumar Mishra, J)

Applicable IPC Section: 365

Statute Text:
Section 365 of the Indian Penal Code. Kidnapping or abducting with intent secretly and wrongfully to confine a person. Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.