- (1.) HEARD learned counsel for the petitioner and learned counsel for the State.
(2.) THE petitioner is aggrieved by the order dated 20.8.2011 passed by learned Sessions Judge, Hazaribag, in S.T. No. 280 of 2010, whereby the application filed by the petitioner for discharge has been rejected by the Court below. The petitioner has been made accused in Sadar P.S. Case No. 62 of 2010 corresponding to G.R. No. 273 of 2010 for the alleged offence under Section 366 of the Indian Penal Code, which was instituted on the basis of the information given by one Md. Shahjahan, who had informed that his widowed sister -in -law had become traceless on 24.1.2010. It was stated in the FIR that subsequently, the informant learnt that the petitioner had abducted her away. On the basis of this information, police case was instituted and investigation was taken up.
(3.) IT appears from the impugned order that the victim was recovered and her statement was recorded by the police under Section 161 of the Cr.P.C., wherein she had stated that she wanted to go to Aurangabad to her parents place, but the petitioner took her to Korba (Chhatishgarh) against her wishes, where she was informed by some persons that this petitioner intended to marry her. She has also stated that with the help of Madarsa people, she went to the local police station, from where, she was rescued. Her statement was also recorded under Section 164 of the Cr.P.C., which has been brought on record by way of Annexure -1 to the supplementary affidavit, wherein, she has stated that on 24.1.2010, she had gone out of her house on some pretext, and she called the petitioner, who is her brother -in -law, and requested him to take her to Aurangabad at her parents' place. The petitioner brought her to Korba, instead of taking her to Aurangabad and she has stated that she wanted to live with her parents at Aurangabad.;