IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13679 of 2009 1. RAM PRAVESH SINGH @ RAM PRAVESH SHARMA, SON OF LATE JAI NATH SINGH, RESIDENT OF VILLAGE – SIKARIYA, P.S. PARASBIGHA, DISTT. JEHANABAD. 2. GUDDU SHARMA @ GUDDU KUMAR, SON OF KAMLESH SHARMA, RESIDENT OF VILLAGE DACHHINI DAULATPUR, RAZA BAZAR TOWN, P.S. AND DISTRICT JEHANABAD. 3. BIJAY SHARMA, SON OF RAM PRAVESH SINGH @ PRAVESH SHARMA. 4. MUKESH KUMAR, SON OF BIJAY SHARMA BOTH RESIDENT OF VILLAGE SIKARIYA, P.S. PARASBIGHA, DISTT. JEHANABAD ------- PETITIONERS. Versus 1. THE STATE OF BIHAR 2. BIMLA DEVI, WIFE OF KISHORI SHARMA, RESIDENT OF VILLAGE – SIKARIYA, P.S. PARASBIGHA, DISTT. JEHANABAD ------- OPPOSITE PARTIES. ----------- 6. 09.08.2010 Heard. The petitioners seek quashing of the entire proceeding including the order dated 20.9.2008 passed by the Chief Judicial Magistrate, Jehanabad, in Protest Complaint Case No. 729 of 2008 arising out of Jehanabad P.S. Case No. 41 of 2008 by which he has taken cognizance under Section 365 of the Indian Penal Code. It appears that the Opposite Party No. 2 has appeared since notices were sent to the Informant of Cr. Misc. 13406 of 2009 which pertains to the kidnapping of the daughter of the present Informant. In the said application the victim was impleaded as Opposite Party No. 3 and notices were issued to her and thereafter on direction of this Court, she appeared in Chambers and stated that she married Mukesh Kumar on her own sweet will which she was entitled to do since she was a 2 major. In the present case, the allegation against the petitioners is that they again committed the kidnapping of the same victim for which earlier Parasbigha P.S. Case No. 27 of 2007 had been instituted. The argument on behalf of the petitioners is that no offence whatsoever is made out against them in view of the statement of the alleged victim whereas the Opposite party contends that facts disclosed in the Protest make out a case of kidnapping. However considering the submission of the alleged victim given before this Court in Cr. Misc. 13406 of 2009, this Court has already quashed the prosecution of accused of Parasbigha P.S. Case No. 27 of 2007 and in my view the present case is nothing but a multiplication of the same occurrence. In view of such, this application is allowed and the entire proceeding including the order dated 20.9.2008 passed by the Chief Judicial Magistrate, Jehanabad, in Protest Complaint Case No. 729 of 2008 arising out of Jehanabad P.S. Case No. 41 of 2008 is quashed. S.Ali ( Anjana Prakash, J.)