IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18421 of 2008 KRISHNA YADAV & ORS Versus THE STATE OF BIHAR ----------- 2 21.04.2011 Heard learned counsels for the petitioner and the State. This application is for quashing the order dated 19th February, 2008 taking cognizance of the offence under section 364 of the Indian Penal Code vide Karpi P.S. Case No. 55 of 2005. Learned counsel for the petitioner submits that as a matter of fact no offence has been committed and the victim boy has come back on his own. Learned counsel for the State submits that the materials available in the case diary as has been taken not in the order taking cognizance, and as such, the order taking cognizance, as prayed for, can not be quashed. Considering the rival submissions of the parties and also on perusal of the impugned order taking cognizance, I find that the order has been passed after considering the materials available on record in several paragraphs of the case diary as also the statement of the victim recorded under section 164 Cr. P.C., and as such, I do not find error in the order. The writ application accordingly stands dismissed. Manish/- ( Shailesh Kumar Sinha,J.)