Case Facts:
Patna High Court Cr.Misc. No.31256 of 2012 (2) dt.23-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31256 of 2012 ====================================================== 1. Sunil Kumar Rai S/O Jugti Rai Resident Of Village- Deoram, Police Station- Bahera, District- Darbhanga. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 23-08-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 26.06.2012 in a case registered under [STATUTE] . Learned counsel for the petitioner submits that there was love affairs between victim and petitioner and, as a matter of fact, victim solemnized her marriage with petitioner by her own sweet will but latter on when she came in possession of her father, she took U turn and made statement under Section 164 of the Cr. P.C. against the petitioner. Learned counsel for the petitioner further submits that according to the prosecution case itself, the victim was recovered from the house of the petitioner and she admitted in her statement under Section 164 of the Cr. P.C. that she was residing at the house of the petitioner. No doubt, the victim is said to be minor at the time of alleged occurrence but Patna High Court Cr.Misc. No.31256 of 2012 (2) dt.23-08-2012 considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Darbhanga in connection with Laheria Sarai P.S. Case No. 232 of 2012. Md. Ibrarul/- (Hemant Kumar Srivastava, 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.