CHANDRIKA PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave Granted.

(2.) Appellant herein filed a complaint before the Chief Judicial Magistrate (for short CJM ), Hajipur on 07.02.2008 under Section 366A, 380 read with Section 34 of Indian Penal Code (for short IPC ) alleging that his daughter Ruchi Kumari (hereinafter referred to as victim ) aged about 14 years of age had been enticed and thereafter kidnapped by one Sanjeev Kumar (hereinafter referred to as accused ), an Uncle of the victim aged about 20 years with the intention to marry her. It was stated in the complaint that the said incident took place on 03.02.2008 at 4:00 pm, when the victim had gone to collect wood for cooking: It was further stated that the accused, thereafter, by breaking the lock had also taken away a gold chain of 2. bhar, valued at Rs. 40,000/-, an earring of 1 bhar, valued Rs. 10,000/-, a silver anklet of 10 bhar, valued at around 2,500/- and cash Rs. 10,000/-. Two uncles of the accused namely Aurun Rai and Vinit Rai were also named in the said complaint for assisting the accused in the alleged Kidnap.

(3.) Cognizance of the complaint was taken and during investigation the victim was recovered. The statement of the victim was recorded under Section 164 of the Code of Criminal Procedure, 1973 (for short CrPC ) and she was sent for medical examination. The accused was also arrested.