IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.336 of 2009 AMIT OJHA Versus THE STATE OF BIHAR & ORS ----------- 10- 7.4.2010 Heard Mr. Ranjan Kumar Srivastava for the Petitioner, Dr.Md. Raisul Haque, learned Govt. Pleader V, and Mr. Jitendra Singh for respondent nos. 5 and 6. The matter was earlier taken up on 10.3.2010, and we have interviewed the petitioner, respondent no.5, and respondent no.6, separately in camera. Respondent no.6 stated before us that she is not willing to be with the petitioner. Respondent no.5, the father of respondent no.6, has today placed on record a counter affidavit, wherein it is stated that they are unwilling to prosecute the criminal case started by them against the petitioner bearing Gopalganj PS Case No.81 of 2009. Paragraphs- 3 to 7 of the counter affidavit are reproduced hereinbelow for the facility of quick reference:- “3. That the petitioner states that on 10.5.09 he had lodged a FIR bearing Gopalganj PS Case no.81/09 against the petitioner and other offences punishable under section 366 of the Indian Penal Code “4. That the said FIR has been lodged by the deponent against the petitioner for kidnapping of her daughter to compel her to marriage. “5. That the deponent states that his daughter has been recovered and is residing with him without any fear and coercion. “6. That on account of her recovery the deponent does not want to pursue the case. “7. That the deponent states and submits that the petitioner extends threat to him and his daughter and as such he should be restrained from doing the same by giving on undertaking in this regard before this Hon’ble Court.” 2 2. On a perusal of the materials on record and consideration of the submissions of learned counsel for the parties, it appears to us that it is not a case of abduction within the meaning of Section 366 of the Indian Penal Code. We, therefore, quash Gopalganj PS case no. 81 of 2009. 3. The writ petition is accordingly disposed of. ( S K Katriar ) ( Kishore K Mandal ) mrl