Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.503 of 2012 ====================================================== Babita Kumari, D/O Ranjeet Singh, W/O Dheeraj Prasad, Resident of Village- Kapur Pakri, P.S.- Chiraiya (Shikarganj), District- East Champaran .... .... Petitioner Versus 1. The State of Bihar 2. The Superintendent of Police, East Champaran, Motihari 3. The Dy. S.P., East Champaran, Motihari 4. The Inspector of Police, Motihari 5. The Officer-In-Charge of Charaiya (Sikarganj), Motihari 6. Ranjeet Singh, S/O Late Suraj Singh, Resident of Village- Kapur Pakari, P.S.- Chiraiya (Sikarganj), District- East Champaran .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 10-10-2012 Heard learned counsel for the petitioner and the State. The petitioner claims herself to be major. She has moved this Court for quashing the F.I.R. of Chiraya (Shikarganj) P.S. Case No. 190 of 2009 registered under [STATUTE] against one Dheeraj Prasad and others. As per F.I.R., on the date of occurrence, the petitioner was a student of class-VIII and was aged about fourteen years only. She had been abducted by the accused persons for illegal purposes. The F.I.R. discloses commission of a cognizable Patna High Court CR. WJC No.503 of 2012 (2) dt.10-10-2012 2 / 2 2 offence. The petitioner is said to be a student of class-VIII on the date of occurrence. She has not brought anything on record to show that on the date of occurrence she was major. She has also not disclosed her date of birth recorded in school register in the present case. Hence her statement regarding her age can not be accepted to be true. Moreover, it is contended on behalf of the petitioner that the case is still under investigation. The petitioner is not an accused in the case. The accused persons are not before this Court. In my view, at this stage, this Court has no role to play. The police would conduct investigation into the matter and submit its report before the court of competent jurisdiction promptly and expeditiously. The writ petition is dismissed. Sanjeet/- (Ashwani Kumar Singh, J.)

Applicable IPC Section: 366

Statute Text:
Section 366 of the Indian Penal Code. Kidnapping or abducting a woman to compel her marriage or to cause her defilement etc. Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid.