IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22055 of 2007 KRISHNA KUMAR SANJAY @ SANJAY PASWAN son of Phuleshwar Paswan, resident of village Jahangirpur, Police Station Singia, District- Samastipur. … Petitioner. Versus 1. STATE OF BIHAR 2. Butan Sahu son of Parmeshwar Sahu, resident of village Jahangirpur, P. S. Singia, District- Samastipur. … Opposite parties ----------- 6. 29.01.2010 Heard counsel for the petitioner and counsel for the State. The order dated 10.11.2006 passed by Additional Chief Judicial Magistrate, Rosera (Samastipur) in Singia P. S. Case No. 16 of 2005 taking cognizance under Section 366 of the Indian Penal Code is sought to be assailed only on the ground that the victim girl after being recovered had made her statement under Section 164 of the Code of Criminal Procedure on 5.4.2005 wherein she had stated that she had married Sanjay @ Krishna Kumar Sanjay on her own sweet will and volition and that she had never been kidnapped and infact she being aged about 19 years and thus major was capable of being taking her own independent decision including her marriage with Sanjay. Counsel for the petitioner has also referred to 2 Annexure- 3 to show that after such marriage of the alleged victim girl, she has also an issue by way of a male child born on 13.12.2005. This court had issued notices at least on two occasions to the informant but despite service of notice, no one has appeared to represent him. Counsel for the State is also not in a position to dispute the aforesaid admitted position. That being so, this Court taking into account the subsequent development including the statement of victim girl under Section 164 Cr.P.C. would quash the entire prosecution of Singia P.S. Case no. 16/2005 (Sessions Trial No. 105/07) pending in the Court of F.T.C.-III, Samastipur so far it relates to the petitioner. Accordingly, this application is allowed. kanchan (Mihir Kumar Jha, J.)