Case Facts:
Patna High Court Cr.Misc. No.34486 of 2012 (3) dt.05-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34486 of 2012 ====================================================== Md. Seraj @ Seraj Ansari (Mukhiya) .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 05-12-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . The FIR was lodged against Amardeep Goswami and Nitin Sah, who kidnapped the minor daughter of the informant when the murder was suspected. Subsequently, the dead body was recovered from a pond with injuries on the private part. Two days after the occurrence the maternal uncle of the victim stated that he saw accused Amardeep with the victim girl in the house of this petitioner in absence of the petitioner when the petitioner was made accused in the present case. It is submitted by learned counsel for the Patna High Court Cr.Misc. No.34486 of 2012 (3) dt.05-12-2012 petitioner that this statement of the maternal uncle appears to be tutored because if he had seen the victim along with Amardeep on 19.03.2012 then there was no occasion for not raising alarm and not naming the petitioner in the first informant report. Though, it is submitted by learned counsel for the petitioner that only FIR named accused persons have been charge-sheeted when the investigation is pending with regard to this petitioner, but it is submitted by learned APP that the charge-sheet has been submitted against the petitioner also. In that view of the matter, let the learned court below consider the regular bail of the petitioner keeping in view of the suspicious nature of accusation against the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Dhamdaha P.S. Case No. 23 of 2012 pending in the court of learned CJM, Purnea. With the aforesaid observation, this application is disposed of. Let the order be transmitted to the Patna High Court Cr.Misc. No.34486 of 2012 (3) dt.05-12-2012 learned court below through fax at the cost of the petitioner. DKS/ (Dinesh Kumar Singh, J.)

Applicable IPC Section: 366A

Statute Text:
Section 366A of the Indian Penal Code. Procuration of minor girl. Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.