IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31141 of 2008 1) Fani Nath Pathak @ Phani Nath Pathak, son of Late Bhrigu Nath Pathak, Mohalla Nadreganj, PS Civil Lines, Dist. Gaya. 2) Seema Pathak, wife of More Pathak, village Belaganj, PS Belaganj, District Gaya – Petitioners. Vs. The state of Bihar. 2 28.6.2011 Heard learned counsel for the petitioners and the A.P.P. representing the State. The petitioners seek quashing of the order, dated 27.10.2007 passed in Gaya Civil Lines PS Case No. 69/2007 by the Chief Judicial Magistrate, Gaya. In the statement under section 164 of the Code of Criminal Procedure the girl has apparently stated before the court that she is major and left her house willingly. Counsel for the petitioners does not know the correct position of the case nor could he disclose whether the alleged victim girl is living with her parents or with the petitioner. In case a stand is taken on behalf of the petitioner at the time of framing of the charge that he is living with the victim girl and they want to live together and the said stand is supported by the victim girl, then the court may consider passing appropriate orders by discharging the petitioner as no offence can be made out against the petitioner. This application is disposed of with the aforesaid observation. haque ( Sheema Ali Khan, J.)