IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45564 of 2008 1. Wasid, Son of Late Kawatullah. 2. Mojibur Rahman, Son of Wasid. 3. Md. Yunus, Son of Imtiyaz Ali. 4. Md. Mansoor, Son of Late Aftab Ali 5. Jainul @ Lambu, Son of Rafatullah. 6. Abu Mohammad, Son of Mumtaz Ali All residents of Village Lalbari Tappu, PS Pothia, District Kishanganj --- Petitioners Versus 1. The State of Bihar. 2. Julekha Khatoon, Daughter of Abdul Wasid, Resident of Village Keshojhara, PS Paharkatta, District Kishanganj ---- Opposite Parties. ----------- 2 4.8.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners have challenged the order of cognizance dated 3.11.2006 on the ground that no case is made out under Section 366 ‘A’ of the Indian Penal Code. It is submitted on behalf of the petitioners that the girl was recovered from the house of the informant, and as such, no case of kidnapping is made out. It is also submitted by the petitioners that this aspect of the matter can be verified from the station diary entry 225, 231, 278 and 385. This aspect of the matter cannot be considered at the stage of taking cognizance. These questions may be raised and proved at the appropriate stage of the case. The Court may examine and call for the station diary of the concerned police station if, the Court finds that it is relevant for the purpose of coming to a just decision in the case. This application is thus, dismissed with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)