IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.35104 of 2007 BILAKSHAN MANDAL Son of late Bhola Mandal, resident of Village- Bhatha, P.S. Naugachia (Parbatta) Distt.- Bhagalpur. . . . . . Petitioner. Versus 1. THE STATE OF BIHAR 2. Ranbir Prasad Singh, Son of late Mishri Mandal, resident of Village- Bhatra, P.S. Sahuparbatta, Distt.-Bhagalpur. . . . . . . Opposite Parties. ----------- 4/ 07.11.2009 Heard learned counsel for the petitioner and the State as well as Opposite party no.2. The petitioner has prayed for quashing the order taking cognizance dated 19.02.2007 under Sections 323, 365, 504 and 506 of the Indian Penal Code The prosecution case, in short is that the accused persons forcibly abducted the son of informant (Randhir Prasad Mandal) namely Pankaj Kumar @ Dixit and got him forcibly married to Rajmani, who is daughter of the petitioner. Learned counsel has referred to Annexure-2, which is a letter of the son of opposite party no.2, wherein he stated that he has married the daughter of the petitioner. The Court in order dated 27.03.2008 passed in B.P. No. 239 of 2008 noted that the son of opposite party no.2 admitted that he is living like husband and wife with the daughter of the petitioner. It also appears from Annexure-3 that both Pankaj Kumar @ Dixit and Rajmani are major. However, the opposite party no.2 alleges that the marriage was forcible. After hearing the parties, this Court is of the view that the - 2 - petitioner may take these points at the time of framing of charge, which would be duly considered. This application is, accordingly, disposed of. Uday/ (Samarendra Pratap Singh, J.)