IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43882 of 2007 MOHSIN @ BANTI Versus STATE OF BIHAR ----------- 3. 09.01.2009 Heard learned counsel for the petitioner, for the State and for the informant. The petitioner questions the order dated 14.6.2007 rejecting his application under Section 227 Cr.P.C. for discharge. Mithanpura P.S. Case No. 206 of 2006 was lodged under Section 384 of the Penal Code. The informant alleged that the petitioner and his two other named friends were seen loitering around his house, had gone to his daughter’s school to entice by wrong information about illness of her mother and when he complained to the Police they surrounded him and threatened to abduct his son unless ransom was paid. However, the charge sheet was submitted under Section 363, 511 but cognizance was taken under Section 366 A, 511 of the Penal Code. The petitioner is stated to be the friend of co- accused Kamran. The investigation has revealed love affairs between Kamran and the daughter of the informant. The investigation also confirms exchange of amorous SMS between them. Learned counsel for the informant is not in a position to controvert this material of investigation. Obviously the petitioner or Kamran were emboldened because of reciprocating attitude of the daughter of the informant. 2 However, this Court finds it difficult to interfere with the impugned order so as to stiffle the prosecution in view of the letter of the law and the limits of this Court in exercise of power under Section 482 Cr.P.C. The victim allegedly being below 16 years of age. However, the aspects noticed above of the conduct of the daughter of the informant herself are matters to be appropriately considered at the stage of trial. Except to the extent notice above, this Court finds it difficult to grant any positive relief at this stage. The application is dismissed. AKS/ (Navin Sinha, J.)