IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.292 of 2009 RAJGIR RAI & ORS Versus THE STATE OF BIHAR & ORS ----------- 02 30.06.2009 The petitioners are accused in Kanhauli P.S. Case No.15 of 2009 under Sections 364, 364A & 366 of the I.P.C. and section 27 of Arms Act and a prayer has been made by the petitioners for quashing the F.I.R. The F.I.R. was lodged on the basis of the complaint by Ram Kewal Thakur wherein it was alleged that the two petitioners forcibly kidnapped away his minor daughter Sunita Kumari aged about 14 years on the point of country-made pistol and took her away on motorcycle. It was also alleged that when his (complainant’s) wife had protested she had been threatened on the point of pistol. Further allegation was that subsequently when the complainant went to the house of the petitioners, he was abused and threatened and a sum of Rs.50,000/- was demanded for the return of his daughter. On the basis of these allegations the F.I.R. was lodged. The petitioners raise some questions in these writ application stating that any occurrence did not take place and that any kidnapping was not done. But these questions are the questions of fact which could be found in the investigation which is being done by the Investigating Officer. The petitioners also raise a point that the girl is a major one and that the petitioner has married the girl under a love-affair between the two. It appears that the petitioner claims the custody of the girl but he does not produce her before the parents or the I.O. The accused persons also appear to be avoiding the I.O. nor they are surrendering before Court concerned and they are raising some disputed questions of fact which - 2 - cannot be decided in the writ petition. In the facts and circumstances, there is no scope of giving relief to the petitioners. Accordingly, the writ application is dismissed. Mkr. (C.M. Prasad, J.)