IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43506 of 2007 1. Sakir Khan son of Ladle Khan @ Rafique Khan of Holding No.A-463, Bandho Basti (Near Makka Masjid) P. S.- Shastri Nagar, District- North Jaipur (Rajasthan). 2. Simari Khatoon wife of Md. Jaheer, of A/CC 119, Bayas Colony, Opposite Bakati Masjid, Nahri Ka Naka, P. S. Shastri Nagar, Distt.- North Jaipur (Raj Asthan). 3. Khurshida Khatoon son of Sakir Khan, of Holding No. A-463, Bandho Basti (Near Makka Masjid), P. S. –Shastri Nagar, District- North Jaipur (Raj Asthan). … Petitioners. Versus 1. State Of Bihar 2. Tauqeer Ahmad Khan s/o Late Taquee Ahmad Khan, of Mohalla- K. S. Lane, Panchpaitiya Akhara, P. S.- Kotwali, District- Gaya. .. Opposite parties. ----------- 6. 19.03.2010 Heard counsel for the petitioners and counsel for opposite party no. 2. Counsel for the petitioner submits that order taking cognizance for offence under Section 366A/380 of the Indian Penal Code cannot be sustained in view of the fact that alleged victim girl in her deposition before the court has herself accepted that she on her own volition had gone with the accused persons. He also refers to a factum of adoption. Counsel for the opposite party no. 2, on the other hand, would submit that trial is complete and now the case is awaiting the delivery of judgment. He also submits that the victim girl was aged about 12 years. 2 In the considered opinion of this Court, all these aspects now pertaining to an order taking cognizance would not be required to gone into specially when the trial is almost at the verge of completion. Moreover the trial court itself is expected to look into all these aspects of the matter including the deposition of the victim girl at the time of the final disposal of the case. With the aforesaid observations, this application is disposed of. kanchan (Mihir Kumar Jha, J.)