Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.882 of 2012 ====================================================== Sahjanand Sharma, son of late Ram Swarup Sharma, resident of village Dabaul, P.S. Hilsa and District Nalanda .... .... Petitioner Versus 1. The State Of Bihar 2. The Director General of Police, Bihar at Patna 3. The Superintendent of Police, Nalanda at Bihar Sharif 4. The Deputy Superintendent of Police, Hilsa, District Nalanda 5. The Thana Adyakcha of Hilsa Police Station, Hilsa, District Nalanda 6. Pramod Kumar Sharma, son of late Babban Sharma 7. Manish Kumar, son of Pramod Kumar, both residents of village Keshopur 8. Mukesh Kumar, son of Ravichand Paswan, residents of village Baradih, P.S. Hilsa, District Nalanda .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA and HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER (Per: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA) 5 18-10-2012 Heard counsel for the parties. Pursuant to the earlier order of this Court dated 11.10.2012 Mr. Vikas Kumar, learned counsel appearing on behalf of the State, has filed second supplementary counter affidavit enclosing the statement of the victim girl, namely, Runi Kumari recorded by the court below on 12.10.2012, relevant portion whereof reads as follows: “Statement recorded of Runi Kumari, D/o Sahjanand Sharma, W/o Amit Kumar aged about 18 yrs of Civil Court, Hilsa on 12.10.12 [STATUTE] bZ Fkh fgYlk ls viuh ethZ fnYyh pyh xbZ fQj fnYyh ls cYyex<+ xbZ fQj ckjk Patna High Court CR. WJC No.882 of 2012 (5) dt.18-10-2012 2 xbZ mlds ckn Qksu djds vfer dks ckjk LVs'ku ij cqykbZ ogkW vfer vk;k fQj mlds lkFk eSa Qjhnkckn xbZ ogkW :e ysdj rhu ekg rd jgh fQj vfer ds lkFk guqeku eafnj uxyk esa 'kknh dhA ogkW 'kknh esa esjs nksuks HkkbZ fujatu rFkk fprjatu rFkk vfer ds firk jkeykspu vk, FksA fQj ikik dks Qksu ij crk;h rks ikik dsl dj fn,A fQj iqfyl :e esa uxyk Qjhnkckn esa iqfyl idM+hA ifr ds lkFk jgk pkgrh gwWA** In view of the aforementioned statement of the victim girl at least this writ application has become infructuous, inasmuch as not only the victim girl has been recovered but has also given the whole background in which she had married on her own a person, namely, Amit Kumar. Mr. Vikas Kumar, learned counsel for the State, however, has submitted that the petitioner of this case has lodged a false First Information Report as would be apparent from reading of 164 Cr.P.C. statement. He would, accordingly, pray that when on account of such a false F.I.R. an innocent person Manish Kumar was taken into custody in view of the allegation made by the petitioner in his F.I.R., this Court, now having discovered from the statement of 164 Cr.P.C. of the victim girl that the petitioner was fully aware of such marriage and yet he had filed a First Information Report, leading to victimization of an innocent person, namely, Manish Kumar, should pass an order for initiating a criminal proceeding against the petitioner. Patna High Court CR. WJC No.882 of 2012 (5) dt.18-10-2012 3 Learned counsel for the petitioner, in reply, has submitted that whatever has been stated by the victim girl, namely, his daughter in the statement under section 164 Cr.P.C. is false. He would submit that it is under some sort of pressure that she had given a statement that the information of her marriage was not only available with the father, the petitioner but his two sons, the brothers of the victim girl, Niranjan and Chittaranjan were present at the time of marriage of the victim girl. Having regard to the limited scope of this writ application we would not like to make any observation on these submissions of either parties but then we would clarify that any person including the petitioner if he has given a false information to the police as can be confirmed from the materials on record has to be dealt with firm hands. Nothing, therefore, said in this order will come in the way of the police to deal with the petitioner in accordance with law. With the aforementioned observations, this application is disposed of. Surendra/- (Mihir Kumar Jha, J) (Aditya Kumar Trivedi, J) Patna High Court CR. WJC No.882 of 2012 (5) dt.18-10-2012 4

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