IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40512 of 2008 Subodh Kumar @ Subodh Kumar Singh, son of Rajendra Singh, Mohalla Sheikhpura Bagicha, PS Shastrinagar, Dist. Patna – Petitioner. Versus State Of Bihar 2 26.7.2011 HeardMr. Makardhwaj Upadhyay, counsel for the petitioner and the A.P.P. for the State. This application has been filed for quashing the order, dated 7.2.2008 passed in Gardanibagh PS case No. 382/2004 by the C.J.M, Patna by which cognizance for the offence under section 366 of the Penal Code has been taken. The allegation is that a minor girl was kidnapped by Sonu Kumar and this petitioner. The court has relied on the statement under section 164 Cr.P.C. to take cognizance in this case. Counsel for the petitioner submits that in fact the petitioner is uncle of sonu Kumar and it is not expected that he would participate in facilitating the couple to run away or facilitate Sonu Kumar in the committing of the crime of kidnapping a girl. All these aspects of the matter may be raised at the stage of discharge. If it is found that infact the main person who fled away with the victim girl was Sonu Kumar, then there would be no useful purpose in sending the petitioner to face the trial in the case. This application is disposed of with the aforesaid observation. haque ( Sheema Ali Khan, J.)