IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7600 of 2005 BAHADUR SHARMA @ BAM SHARMA Versus STATE OF BIHAR & ANR ----------- 9 10.02.2010. Petitioner has filed the instant petition for quashing the FIR lodged against him and his family members vide Jamalpur Police Station case no. 7 of 2002 arising out of a Complaint case bearing CR No. 23 of 2002 for offences under sections 366,367,368,494,364/34 I.P.C. lodged by father of victim girl, namely, Rita Kumari alias Devi alleging that petitioners on making inducement kidnapped his daughter. This Court vide order 18.12.2006 allowed interim protection to the petitioner and issued notice to opp party no.2, father of victim girl who in spite of valid service of notice vide order dated 24.2.2009 has not appeared in the Court. Learned counsel for the petitioner submits that the victim girl has married the petitioner and is living with him. He further submits that petitioner volunteered to produce her in the court. Petitioner and the victim girl, said to be his wife are present in person along with learned counsel appearing on their behalf. The petitioner submits that allegations contained in the FIR are pulpably false and in fact the victim girl is a grown up woman and she married him at her own free will. Now, they have a child out of the marriage. The victim girl supports the submission of petitioner and - 2 - pointing towards her child resting in his lap submits that now they have this child out of the wedlock and presently they are living happily with each other. Learned counsel for the petitioner submits that he is not aware whether investigation has been completed and final report has been submitted or not. There appears prima facie substance in the submission of petitioner that the girl on her own free will went with him. In such circumstances, hardly any offence much less of kidnapping would be made out. This Court observes that the police would complete the investigation if already not completed within three months form the date of receipt/production of a copy of this order. The interim order dated 18.12.2006 granting protection against taking of coercive steps against the petitioner would continue till final report is submitted before the court below. The petition stands disposed of with aforesaid directions. Shashi. (Samarendra Pratap Singh,J.)