JUDGMENT :

The instant Criminal Appeal has been filed against the order dated 01.02.2020, passed by learned Vth Additional District and Sessions Judge Darbhanga, in Sessions Case No. 437 of 2014 whereby and where under the petition of appellant filed under Section 340 read with Section 195 of Criminal Procedure Code (in short Cr.P.C.) was rejected from which being aggrieved and dissatisfied the present appeal has been brought.

2. It is submitted by learned counsel for the appellant that on a written report submitted by one namely, Md. Suleman about kidnapping of his daughter an FIR of Bahadurpur P.S. Case No. 277 of 2010 under Sections 363/366 (A) of Indian Penal Code (in short I.P.C.) was registered against the appellant and others and during the investigation in the said criminal case the so-called victim girl was recovered and she recorded her statement under Section 164 of Cr.P.C. before the Judicial Magistrate on 28.09.2010 of which a copy has been filed as Annexure No. 1. Further submission is that the said victim stated in her statement under Section 164 of Cr.P.C. that she left her house because of her mother used to abuse and assault her and asked her to go with the appellan