IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.849 of 2009 BUCHULI SAH @ RAJESH SAH SON OF SRI SATYA NARAYAN SAH @ SAT NARAYAN SAH, RESIDENT OF VILLAGE BABHANGAWAN, POLICE STATION BARHARA IN THE DISTRICT OF BHOJPUR --- PETITIONER. Versus STATE OF BIHAR ----------- 2/ 09-02-2009 The order passed by the Additional Sessions Judge, Fast Track Court No.1, Ara in a case under section 366A/34 of the Indian Penal Code can be an example as to why the judges in the lower courts do not even care to look to the provision of defining and punishing an offender taking or enticing away a girl below 18 years of age from her lawful guardianship for purposes of using her or forcing her to submit to sexual desire to a person or for being married to a man which can be some of the vital ingredients of the offence. Taking or enticing away presupposes use of force or taking away the girl against her desire. It was brought into the notice of the learned judge that the lady in her statement under section 164 Cr.P.C. had admitted that she herself had eloped with the petitioner. There could be no reason for me to understand that the learned Judge was not understanding the meaning of the word “elope”. The lady further stated that it was an act out of her own free will that she moved out from her parents house and to go with the petitioner . If these facts could be creating an offence under section 366A I.P.C. then the offence needs to be defining so as to making it convenient for the learned Judge to dismiss more petitions. I would like to direct the Registry of the Court to communicate this order to the learned Judge who was posted as Presiding Officer. Fast Track Court on - 2 - 29.09.2008 as the Court cannot countenance of passing of such baseless and illegal order, on account of ignoring some concrete fact. Let the above named petitioner be released from custody on furnishing bond of Rs. 3,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur, Ara in connection with Barhara ( Krishnagarh ) P.S. Case No. 200 of 2008. BTiwary/ ( Dharnidhar Jha , J )