IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6885 of 2009 1. BAIJNATH MANDAL S/O LATE KAMRU MANDAL @ JHANGUR MANDAL 2. PRAMOD MANDAL @ PRAMOD KUMAR MANDAL 3. PAWAN KUMAR MANDAL, BOTH SONS OF BAIJNATH MANDAL, ALL RESIDENT OF VILLAGE MADHEPURA, POLICE STATION KATIHAR, DISTRICT KATIHAR 4. ASHOK MANDAL @ ASHOK KUMAR MANDAL SON OF LATE CHICHAI MANDAL, RESIDENT OF VILLAGE MAHESHPUR, POLICE STATION DANDKHORA, DISTRICT KATIHAR …. PETITIONERS. Versus 1. THE STATE OF BIHAR 2. BALDEO PRASAD MANDAL, SON OF LATE CHAMARU MANDAL, RESIDENT OF VILLAGE BAIDA, POLICE STATION KADWA, DISTRICT KATIHAR ….. OPPOSITE PARTIES. ----------- 3. 24.8.2010 The petitioners seek quashing of the order dated 23.1.2009 passed by the Judicial Magistrate, Ist class, Katihar in C.A.No.2239 of 2004, by which he has rejected the prayer of the petitioners for discharge from the present case. The peculiar facts of the case are that the opposite party no.2, who happened to be the father-in-law of the daughter of the present petitioner no.1, claimed that his daughter-in-law had been kidnapped. By an order dated 11.12.2009 this Court noted down the entire facts of the case and also stated that the alleged victim had been examined u/s.164 Cr.P.C., wherein she stated that it was the son of the opposite party no.2, who had taken her and left her with an old man, whereafter she came to her parents place, where she was living. Since from the statement of the alleged victim, no offence of kidnapping was made out, the opposite party no.2 was noticed in the case. - 2 - Considering the rival submissions as well as the peculiar facts of the case, I am inclined to allow this application and quash the order dated 23.1.2009 passed by the Judicial Magistrate, Ist class, Katihar in C.A.No.2239 of 2004, by which he has rejected the prayer of the petitioners for discharge in the case on the ground that no offence is made out against the petitioners, who happen to be the father, brothers and brother-in-law respectively of the alleged victim. Narendra/ ( Anjana Prakash, J. )