Case Facts:
Patna High Court Cr.Misc. No.40954 of 2012 (2) dt.26-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40954 of 2012 ====================================================== Luxmi Harijan .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 26-11-2012 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 accusation is of kidnapping the maternal sister of the informant. It is submitted by learned counsel for the petitioner that for the occurrence of 03.06.2007 the FIR was lodged on 05.06.2007 when the victim of her own returned on 13.06.2007, who is a major, but she gave her 164 Cr.P.C. statement after more than three months on 27.09.2007 when she alleged that this petitioner kidnapped her and established physical relationship. Considering the delayed lodging of the Patna High Court Cr.Misc. No.40954 of 2012 (2) dt.26-11-2012 case, return of the victim of her own and recording of 164 Cr.P.C. statement after three months of the occurrence when no medical examination was done, in view of this Court, it is a case for consideration of regular bail, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Amour P.S. Case No. 54 of 2007 pending in the court of learned CJM, Purnea. With the aforesaid observation, this application is disposed of. Let the order be transmitted to the learned court below through fax at the cost of the petitioner. DKS/ (Dinesh Kumar Singh, 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.