IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.830 of 2008 1. AJIT MANJHI S/O SUDAMA MANJHI 2. SANJIT MANJHI S/O SUDAMA MANJHI 3. SUDAMA MANJHI S/O SHIVPUJAN 4. DURALI DEVI @ DULARI DEVI W/O SUDAMA MANJHI 5. GURIYA @ PUNAM KUMARI D/O SUDAMA MANJHI 6. SERAJUDDIN S/O ASMAHMAD ---- PETITIONERS Versus 1. STATE OF BIHAR 2. RAM RATI DEVI W/O SHAMBHU CHAWAN --- OPP. PARTIES. ----------- 04. 10.11.2010 Heard learned counsel for the petitioner and the State. Petitioners are aggrieved by order dated 17.06.2008 passed by learned Fast Track Court no. I Siwan in Sessions trial no. 439 of 2007 whereby applications preferred on their behalf under Section 239 of the Code of Criminal Procedure (hereinafter referred to as the ‘Code’) has been considered and rejected. Petitioners are facing prosecution under Sections 366A and 120B of the Penal Code. Learned counsel for the petitioners states that the victim girl was produced before the Magistrate for recording her statement under Section 164 of the Code of Criminal Procedure wherein she made statement on 23.12.2006 (Annexure-2). It is stated that the Court assessed her age close to 19 years whereas she disclosed her age as 20 years. With reference to her deposition it is submitted that no case under Section 366A of the Penal Code is made out. It is next contended that the victim girl is still residing with petitioner no.1 as his duly wedded wife. 2 These submissions in my view will be considered at the relevant stage of trial. The import of the statement made by the victim girl under Section 164 of the Code shall also be a relevant consideration at the time of trial of the case. These evidence/materials at the stage of discharge shall not be taken into consideration by learned Trial Court. Considering the scope of the jurisdiction exercised by learned Court below, this Court declines to interfere therewith. However, it is made clear that trial Court while trying the case shall be uninfluenced by any observation made in the present order. The application is disposed of Sym ( Kishore K. Mandal, J.)