IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38178 of 2009 MD.RASHID SON OF LATE MD. RAZZAK MIAN RESIDENT OF MOHALLA MUNSHI TOLA, HISUAN, P.S. HISUAN, DISTT. NAWADA. ------PETITIONER. Versus THE STATE OF BIHAR ----------- 2. 7/11/2009 Heard counsel for the petitioner and counsel appearing on behalf of the State. The petitioner who is the father of the main accused Naushad has filed application against the order dated 18.9.2009 passed by 1st Additional Sessions Judge, Nawada, in Sessions Trial No. 177 of 2009/75 of 2009 dismissing the application for discharge. From the F.I.R., this Court finds that there is no allegation that this petitioner in any way has encouraged or planned the kidnapping of the victim girl. Section 364A if at all would be against the person who was actually involved in the occurrence. Counsel for the State submits that the petitioner may be charged under Section 366A/120B of the Indian Penal Code. In order to make out a case under Section 120B of the I.P.C., there should be tangible evidence to say that there was some conspiracy between the father and the son to do an illegal act. Prima facie it appears that the only evidence that has come against the petitioner is that he has permitted his son to live with the victim girl for one week. It can hardly be treated to be an offence, presuming that the father knew of 2 the alleged kidnapping. It can hardly be expected that the petitioner would force his son to leave the house. It is therefore submitted that no case is made out against the petitioner as far as the offences under Section 364A of the Indian Penal Code is concerned. Learned counsel further submits that by no stretch of imagination the petitioner could have been charged under Section 376 of the Indian Penal Code .As far as 2nd part of the allegation is concerned, I find that there is absolutely no allegation in the F.I.R. suggesting that the petitioner tried to outrage the modesty of the victim girl. Learned counsel assures this Court that during course of investigation there is no such allegation made by any of the witnesses or to the victim girl. I, therefore, partly allow this application as this Court finds that there is no material before it which would lead this Court to hold that an offence under Section 376 of the Indian Penal Code is made out against the petitioner. As far as the allegation under Section 366A is concerned, the court below may re-examine the material on an application being filed on behalf of the petitioner in the light of what has been observed above. This application is thus, partly allowed. S.Ali (Sheema Ali Khan, J.)