Case Facts:
Patna High Court Cr.Misc. No.41360 of 2010 (2) dt.10-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41360 of 2010 ====================================================== 1. Nageshwar Prasad @ Nageshwar Prasad Sinha @ Nago son of Sridhar Kishore Prasad. 2. Manish Kumar, son of Nageshwar Prasad, both residents of village & P.O. Nand, P.S. Silao, Distt-Nalanda. .... .... Petitioner/s Versus 1. State Of Bihar 2. Ashok Kumar Tiwary, son of Ambika Tiwary, resident of village-Bindi Dih, P.S. Silao, Distt-Nalanda. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anjani Kumar, Sr. Adv. For the Opposite Party/s : Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 2 10-05-2012 Heard learned counsel for the petitioner and learned Additional P.P. for the State. Petitioner has challenged the order of cognizance in the background of the fact that though statement [STATUTE] but under medical examination her age has been estimated 18 to 19 years and so being the major, taking into account the statement recorded under Section 164 of the Cr.P.C. no offence under Section 366A is made out. Because of the fact that the case has already been committed to court of sessions, therefore, petitioner is advised to raise his plea at the time of framing of charge/trial and the learned lower court is directed to consider the same. Patna High Court Cr.Misc. No.41360 of 2010 (2) dt.10-05-2012 With the aforesaid observation, the instant petition is disposed of. perwez./- (Aditya Kumar Trivedi, J)

Applicable IPC Section: 164

Statute Text:
Section 164 of the Indian Penal Code. Abetment by public servant of the offences defined in the last two preceding clauses with reference to himself. Repealed by the Prevention of Corruption Act, 1988