Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22276 of 2009 ====================================================== Manoj Sharma .... .... Petitioner/s Versus State Of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Mohan For the Opposite Party/s : Mr. Dasrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 3 12-04-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. This application has been filed for quashing the order dated 22.10.2008 passed in Complaint Case No. 120 of 2008 arising out of Bihpur (Bhawanipur) P.S. Case No. 20 of 2007, whereby the learned Sub Divisional Judicial Magistrate, Naugachhia, summoned the accused, named in the complaint petition, including the petitioner, on enquiry under Section 202 of the Code of Criminal Procedure, finding prima facie case under [STATUTE] . On going through the impugned order, I find no illegality amounting to abuse of the process of the court. Accordingly, this application stands dismissed. However, the Patna High Court Cr.Misc. No.22276 of 2009 (3) dt.12-04-2012 2 / 2 2 petitioner would be at liberty to raise all the points, as raised herein, at the appropriate stage in the trial court. sudha/- (Rajendra Kumar Mishra, J)

Applicable IPC Section: 364

Statute Text:
Section 364 of the Indian Penal Code. Kidnapping or abducting in order to murder. Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.