Md. Shahrukh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21749 of 2014 Arising Out of PS.Case No. -61 Year- 2013 Thana -SACHIWALAYA District- PATNA ====================================================== Md. Shahrukh son of Md Saleem R/o Mohalla - Sultanganj P.S. Sultanganj, District - Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hemant Kumar For the Opposite Party/s : Mrs. Anita Kri.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-08-2016 The sole petitioner, has approached this court invoking its inherent jurisdiction under section 482 of the Code of Criminal Procedure with a prayer to quash an order dated 26.2.2014 passed by learned Additional Sessions Judge (Adhoc) IVth Patna in Sessions Trial No. 1205 of 2013 arising out of Sachiwalay P.S. Case No. 61 of 2013 registered for the offence under section 366(A)/ 34 of the Indian Penal Code. By the said order the learned Additional Sessions Judge has rejected the petition filed under section 227 of the Cr.P.C. filed on behalf of the petitioner for his discharge.

Smt. Anita Kumari Singh, learned A.P.P. submits that in the statement recorded under section 164 of the Cr.P.C. the victim herself had disclosed her age as 14 years and same age

Patna High Court Cr.Misc. No.21749 of 2014 (2) dt.19-08-2016 2/2 was assessed by the learned Magistrate. Meaning thereby that the victim was minor.

After going through the impugned order and considering the fact that the victim girl was aged about 14 years there is no reason to interfere with the impugned order. The petition stands dismissed.

(Rakesh Kumar, J) Praful/- U