IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34105 of 2008 1) Guddu Singh, 2) Dhanjaya Singh, both sons of Late Balkeshwar Singh, village and PS Kutumba, District Aurangbad – Petitioners. Vs. The State of Bihar. 2 18.7.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 9.10.2007 passed in Kutumba PS Case No. 42/2007 by the Chief Judicial Magistrate, Aurangabad by which cognizance has been taken for the offences alleged to have been committed under sections 366A and 120B/34 of the Penal Code. Learned counsel for the petitioners submits that the victim girl was major and, therefore, it cannot be said that the petitioners had kidnapper her from the custody of her parents. It is further submitted that in her statement under section 164 Cr.P.C. she has described herself as nineteen years of age. She has said before the court that she is living with her parents out of her free will. All these aspects cannot be considered at this stage. During the trial if the court finds that the complainant has no grievance against the petitioners, then the court should record order accordingly. This application is dismissed. haque ( Sheema Ali Khan, J.)