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CHANDRA SHEKHAR JHA
Amit Kumar Yadav @ Raju Yadav – Appellant
Versus
State of Bihar – Respondent
Chandra Shekhar Jha, J.—Heard learned counsel for the petitioner, learned APP for the State and learned counsel appearing on behalf of opposite party no.2.
2. The present application has been filed for quashing the order taking cognizance dated 22.08.2016 passed by learned Judicial Magistrate, 1st Class, Patna in connection with Shastri Nagar P.S. Case No.84 of 2016 (GR No.1350 of 2016), whereby the learned jurisdictional Magistrate has taken cognizance under Sections 363 and 366-A of the Indian Penal Code (in short ‘IPC’) against the petitioner.
3. The prosecution case, in brief, as per informant/O.P. No.2, namely, Vijay Prasad is that on 22.02.2016 at 2:00 PM, his daughter, namely, Nidhi Kumari @ Sonalika Verma went to attend her classes but, she did not returned till evening. Upon inquiry, some persons told that she was seen in the park near RVI Gas office. It is further alleged that his daughter left home with certificate of class-10th, Bank pass book, ATM, 15 gms gold jewelery and a mobile.
4. It is submitted by learned counsel that the present case was lodged under confusion by the father of victim, where the victim after recovery recorded her statement on 23.06.2016 stating the
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