IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.52587 of 2008 Bindu Devi, wife of Shankar Rai, residing at village- Adalpur Birjani Dighikala, P.S. Hajipur Sadar, District- Vaishali…………………………………………...Petitioner. Versus 1. The State Of Bihar. 2. Mahati Devi, wife of Nageshwar Rai, residing at Village-Sumerganj, P.S. Mahua, District-Vaishali. ………………………………………Opposite Parties. ---------------------------------- For the Petitioner: Mr. Vijay Kumar, Advocate. For the State : Mrs. Gulnar Begam, A.P.P. ------------------------------------ 2. 25.11.2011. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner has approached this Court under Section 482 of the Code of Criminal Procedure for quashing the order dated 11.7.2005 passed in Hajipur Town P.S. Case No.640 of 2004 by the Chief Judicial Magistrate, Vaishali at Hajipur, taking cognizance of the offence under Section 364 of the Indian Penal Code against the accused, names mentioned in column-11 of the chargesheet. Learned counsel appearing on behalf of the petitioner submits that the victim, Durga Devi, the sister of the informant-opposite party no.2, Mahati Devi, in her 2 statement recorded under Section 164 of the Code of Criminal Procedure has stated that she was not kidnapped by any one rather she had left the house at her own sweet will. Hence, the offence under Section 364 of the Indian Penal Code is not made out against the petitioner and the impugned order taking cognizance of the offence under the aforesaid Section by the Chief Judicial Magistrate is bad in law and liable to be quashed. From perusal of Annexure-‘2’ to this application, which appears to be the statement of the victim, Durga Devi, as recorded under Section 164 of the Code of Criminal Procedure, it appears that she has stated that she had gone at her own sweet will from the house and she was not kidnapped by anyone but it appears that her statement under Section 164 of the Code of Criminal Procedure was recorded on 2.9.2005 after the order dated 11.7.2005 taking cognizance of the offence under Section 364 of the Indian Penal Code by the Chief Judicial Magistrate, Vaishali at Hajipur in Hajipur Town P.S. Case No.640 of 2004. I find no illegality in the impugned order to interfere with the same. Accordingly, this application stands dismissed. However, the petitioner would be at 3 liberty to raise all these issues, raised herein, either at the time of framing of charge or at the appropriate stage during the course of the trial. P.S. (Rajendra Kumar Mishra, J)