IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.984 of 2009 JATAN MANJHI & ANR Versus STATE OF BIHAR & ANR ----------- 2. 19.3.2010 Heard Shri Ambika Bhagat, learned counsel for the petitioners who seeks quashing of the order dated 19.12.2008 passed by the Additional Chief Judicial Magistrate, Hilsa, in Hilsa( Karai Parsurai) P.S.Case No. 390 of 2008, whereby the petitioners were summoned to stand their trial for the offences under Sections 366(A), 376 and 120(B) of the Penal Code. After having perused the order, I am not inclined to interfere with that except to direct the Court of Sessions that as and when it has the opportunity of hearing the petitioners under Sections 227 and 228 of the Cr. P.C it should consider the facts of the case, specially, the statement of the victim recorded under Section 164 Cr. P.C. in the light of the decision of the Supreme Court reported in A.I.R. 1965 S.C. 942 Varada Rajan Vs. State of Madras and pass a speaking order after considering the distinction pointed out by the Apex Court between enticing away and a case of elopement.. With the above direction, the petition is disposedof. Kanth ( Dharnidhar Jha, J.)