IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 3083 of 2023 ------ Amit Kumar, aged about 27 years, S/o. Sakhichand Ram, R/o. Vill.- Mangardah, P.O. & P.S.- Nagar Untari, Dist.- Garhwa, Jharkhand. … … Petitioner -Versus - 1. The State of Jharkhand 2. Renu Kumari, D/o. Alakhnath Pandey, R/o. Vill.- Chitvishram, P.O.- Chitvishram, P.S.- Nagar Untari, Banshidhar Nagar, Dist.- Garhwa, Jharkhand ... … Opposite Parties ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ------ For the Petitioner : Mr. S.T. Sajid, Advocate For the State : Mrs. Kumari Rashmi, A.P.P. For the O.P. No. 02 : Mr. Ranjit Kr. Tiwari, Advocate ------ Reserved On: 21.02.2025 Pronounced On: 18/03/2025 Heard the parties. 2. The petitioner Amit Kumar has filed this Criminal Miscellaneous Petition for quashing of the entire criminal proceeding in connection with Nagar Untari P.S. Case No. 160 of 2021 corresponding to G.R. Case No. 118 of 2023 for the offences registered under Sections 366 & 506/34 of the I.P.C. alongwith order dated 10.05.2023 taking cognizance for the offences under Sections 366, 376 & 504/34 of the I.P.C., passed by the Court of Sri Arbind Kachhap, learned A.C.J.M., Nagar Untari, Garhwa. 3. The case of the prosecution is that on 09.08.2021, the victim was kidnaped by the petitioner and co-accused persons on the knife point. After making her unconscious, she was taken to various places. It is also alleged that the accused persons took her obscene photographs. The accused persons used to threaten her that, if she raised alarm, she will be murdered. The petitioner and co-accused persons also demanded ransom from the father of the victim for her release. After investigation, police found the occurrence to be true and submitted charge-sheet accordingly against the petitioner for the offence under Sections 366, 376 & 504/34 of the I.P.C. 2 | P a g e 4. Learned counsel appearing on behalf of the petitioner submitted that the doctor who examined the victim did not find any sign of sexual assault. It was further submitted that the victim has left her lawful guardianship according to her own wish as she was having affairs with the petitioner. It was also submitted that she did not raise any alarm when she was taken to different places after her kidnaping. Attention has been drawn towards the photocopy of the marriage certificate showing that the victim had married the petitioner at Pontashahib, Sirmore road, Dehradun. 5. The victim has specifically stated that she was kidnapped by the petitioner and co-accused persons on the knife point and thereafter she was taken to various places. The accused persons used to threaten her of dire consequences, if she raised any alarm. She has also stated in her statement recorded under Section 164 of the I.P.C. that she was raped by the petitioner. 6. The grounds taken for quashing of the entire criminal proceeding and quashing of the order taking cognizance are the defence of the petitioner and cannot be looked into at this stage. 7. Accordingly, prima facie case is made out against the petitioner for the offence under Sections 366, 376 & 504/34 of the I.P.C. I do not find any illegality in the order taking cognizance passed by the Court of learned A.C.J.M., Garhwa. 8. This Criminal Miscellaneous Petition is dismissed with the aforesaid observation. Pending I.A., if any, stands disposed of. (Ambuj Nath, J.) Rahul/-