Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17044 of 2012 =================================================== Amba Prasad S/o Sri Bhup Rai R/o Bargachcha, P.S. Shishgarh, District - Baraili (U.P.) .... .... Petitioner/s Versus 1. The State of Bihar. 2. Deo Narayan Rishi S/o Late Bhola Rishi R/o Village - Dilalpur, Bhuthbari, P.S. Manihari, District - Katihar .... .... Opposite Party/s =================================================== Appearance : For the Petitioner/s : Mr. A.K. Mishra, Adv. For the Opposite Party/s : Dr. Indiwar Kumari, APP =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 03. 05.10.2012 The Petitioner seeks quashing of the order dated 14.02.2012 passed by the Chief Judicial Magistrate, Katihar in Manihari P.S. Case No. 138 of 2011 by which he has taken cognizance under [STATUTE] . The case of the informant was that his daughter had gone to the house of her maternal uncle and aunt from where she was taken away by their daughter and son-in-law and they attempted to sell her to some other persons. In the course of search she was recovered from the house of one Radha Devi with whom there was a transaction of money for performance of marriage with accused Murari Lal. The Petitioner was also found in the house of Radha Devi who had accompanied Murari Lal. It has been submitted on behalf of the Petitioner Patna High Court Cr.Misc. No.17044 of 2012 (3) dt.05-10-2012 2 that he happened to be a friend of Murari Lal and had come to the place of occurrence to attend the marriage and, therefore, no offence under Section 366A is made out against him. Since the present case is one of circumstantial evidence and his presence at the place where transaction of money had taken place for purpose of marriage which raises a reasonable suspicion in regard to his complicity, I am not inclined to interfere in the order of cognizance. The application is dismissed. Vikash/- (Anjana Prakash, J.)

Applicable IPC Section: 366A

Statute Text:
Section 366A of the Indian Penal Code. Procuration of minor girl. Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.