Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24540 of 2012 ====================================================== Dipak Kumar Choudhary .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 20-07-2012 Heard learned counsels for the petitioner, informant and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . The accusations are of enticing away the minor daughter of the informant and establishing forceful physical relationship with the victim. 164 Cr. P. C. statement of the victim girl has been brought on record which suggests that the victim girl got her age recorded as 19 years when the court has assessed 17 years where the victim girl has stated that she of her own married with the petitioner and is pregnant. The Medical Board assessed the age of the victim between 17-19 years when it is submitted that the learned court below released the victim girl in favour of the petitioner Patna High Court Cr.Misc. No.24540 of 2012 (2) dt.20-07-2012 2 / 2 2 but it is submitted by learned senior counsel for the informant that as per the School Leaving Certificate the victim was minor at the relevant time. Moreover, the petitioner filed prayer for anticipatory bail application before the learned Sessions Judge earlier when interim protection was granted and the case diary was called for. Subsequently, the petitioner filed another prayer for anticipatory bail application and this fact has been noticed by the learned court below in the impugned order. On that ground alone, this Court is not inclined to grant anticipatory bail to the petitioner but on merits this Court is convincing that it is a fit case for consideration of regular bail if the petitioner surrenders within a period of six weeks from the date of receipt of copy of this order in connection with Alamganj P.S. Case No. 331 of 2011 pending in the court of the learned A.C.J.M., Patna City. With this observation, the application is disposed off. Let the order be faxed to the learned court below at the cost of the petitioner. U.K./- (Dinesh Kumar Singh, J)

Applicable IPC Section: 365

Statute Text:
Section 365 of the Indian Penal Code. Kidnapping or abducting with intent secretly and wrongfully to confine a person. Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.