Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44812 of 2012 ====================================================== Ramautar Singh @ Raju @ Ramotar Singh S/O Ram Singh R/O Mohalla - Lodana Jharia, P.S. - Lodana, Distt. - Dhanbad (Jharkhand). .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 3 21-11-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. This is an application for grant of bail to the accused- petitioner for the offence punishable under [STATUTE] . Allegation against the petitioner is to have enticed the daughter of the informant aged about 16 years with intention to cause illicit relation or marriage. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. The alleged victim has made statement under Section 164 Cr.P.C. on 16.8.2012 in which she has stated that her parents want to marry her forcibly with another man, whereas, she has been in love with the petitioner for the last two years and at her instance the petitioner went to Dhanbad and married her in a temple. She has specifically stated that the petitioner has not kidnapped her. When Patna High Court Cr.Misc. No.44812 of 2012 (3) dt.21-11-2012 2 she returned and went to her parents, thereafter, another statement under Section 164 Cr.P.C. has been made in which allegation has been made against the petitioner to have kidnapped her and caused illicit relation with her. It is further submitted that the age of the victim has been assessed 18 to 19 years by the court, and the victim has also stated her age to be 20 years in her statement under Section 164 Cr.P.C. It is also submitted that the petitioner has married the alleged victim and he is ready to lead conjugal life with all dignity and love. A supplementary affidavit has been filed to this effect. Learned counsel for the State could not controvert the contention of the petitioner while opposing his prayer. Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawadah in Nawadah P. S. Case No.380 of 2012 with following conditions:- (i) The petitioner will not indulge himself in similar or any other offence. (ii) One of the bailors must be the close relative of the petitioner. Patna High Court Cr.Misc. No.44812 of 2012 (3) dt.21-11-2012 3 (iii) The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned. Kanchan/- (Amaresh Kumar Lal, J)

Applicable IPC Section: 366

Statute Text:
Section 366 of the Indian Penal Code. Kidnapping or abducting a woman to compel her marriage or to cause her defilement etc. Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid.