- (1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed on behalf of the petitioner being aggrieved with the order dated 27.12.2016 passed by the Special Judicial Magistrate (N.I. Act Cases) No.3, Bikaner (hereinafter referred to as the 'court below') in FIR No.213/2016 of Police Station Kolayat, District Bikaner, whereby the court below ordered to send the daughter of the respondent No.2 and alleged wife of the petitioner to the 'Nari- Niketan', Bikaner.
(2.) Brief facts of the case are that an FIR No.213/2016 was registered at the Police Station Kolayat, District Bikaner for the offences punishable under Sections 363 and 366 IPC against the petitioner at the instance of the respondent No.2. In the impugned FIR, it is alleged by the respondent No.2 that the petitioner abducted his minor daughter Ms.Ganga on 8.12.2016 from the village RD 860, Bagarsar, Tehsil Kolayat.
(3.) On receiving the FIR No.213/2016, the police has started investigation and recovered the daughter of the respondent No.2 from the custody of the petitioner. The petitioner was arrested and sent to the judicial custody, however, later on he was released on bail by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Bikaner vide order dated 7.1.2017 under Section 439 Cr.P.C.;