LAWS(PAT)-2017-1-166

BHUSHAN PASWAN Vs. STATE OF BIHAR

Decided On January 28, 2017
Bhushan Paswan Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard the parties.

(2.) Prosecution case in brief is that that one Jaipal Ram Gave a written application before the Officer In-Charge of Obera Police Station stating that on 03.10.2010, he has gone out from the village for some work and when he came back the next morning, he came to know from the relatives that his daughter, namely, Pratima Kumari aged about 16 years has been kidnapped by the accused persons with the motive of performing marriage of one of the accused persons with the girl and also managed to take away the gold ornaments worth Rs. 15,000/-.

(3.) On the basis of the aforesaid written application Obera P.S. Case No. 200/2010, has been instituted for the offences punishable under Sections 366(A), 363 and 34. Police after investigation submitted final form, finding the case not true against the petitioners. However, learned Sub-Divisional Magistrate, Daudnagar, differing with the final form filed by the police, has taken cognizance vide order, dated 25.08.2011 against the petitioners for the offences punishable under Sections 366(A), 363 and 34 of the Indian Penal Code. It further appears that against the said order, the petitioners preferred Criminal Revision No. 17 of 2012. However, learned Sessions Judge, vide his detailed order, dated 06.04.2013 dismissed the revision application of the petitioners.