IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33380 of 2008 Kamlesh Kumar & Anr Versus State Of Bihar & Anr For the Petitioner—Mr. Mahendra Thakur For the State -- Mr. Jharkhandi Upadhaya 02 15.09.2011 This application is directed against the order dated 28.05.2008 passed by the C.J.M, Sitamarhi in P.S.Case No. 115/07 R.R. No. 430/07 taking cognizance of the offence under Section363,366A/34 I.P.C against the accused petitioners and discharging other accused Gitanjali Kumar for lack of evidence. Learned counsel for the petitioners argued that victim Kumud Komal@ Baby Kumari daughter of OP No. 2 Kumud Komal, was examined under Section 164Cr.P.C in which she has not stated about her kidnapping but the petitioners have been illegally summon on taking cognizance of offence by the C.J.M. It appears from perusal of impugned orders that the learned C.J.M after perusing the case diary arrived at conclusion that prima facie case is made out for offence under Section 363, 366(A)/34 I.P.C against accused petitioners. Annexure -2 statement of victim shows that her age was 16 years at the time of recording her statement on 20.3.07 as such she was minor. Under the fact the impugned order does not suffers from abuse of the process of the court. Accordingly this application is dismissed. The petitioner is at liberty to raise all 2 points in trial at the appropriate stage as raised herein the petition. Namita ( Rajendra Kumar Mishra, J.)