Case Facts:
Patna High Court Cr.Misc. No.4106 of 2012 (5) dt.18-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4106 of 2012 ====================================================== Md. Obaidullah S/O Md. Mustakim Resident Of Village- Salehpur Balha, P.S.- Singhia, District- Samastipur .... .... Petitioner/s Versus 1. The State Of Bihar 2. Khadiza Begam D/O Md. Sayeed, W/O Obaidullah Resident Of Mohalla- Jakariya Colony, Sadaura, P.S.- Kazimohammadpur, District- Muzaffarpur At Present Resident Of Village- Salehpur Balha, P.S.- Singhia, District- Samastipur 3. Asmat Ara wife of Md. Sayid, resident of Sadpura, Jakari Colony, P.S. Kazimohammadpur, District Muzaffarpur .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILESH KUMAR SINHA ORAL ORDER 5 18-07-2012 Heard learned counsels for the petitioner and the opposite party no.2. No one appears on behalf of the opposite party no.3. This is the second attempt of the petitioner for grant of anticipatory bail in Kazimohammadpur P.S. Case No. 201 of 2006, G.R. No. 3112 of 2006 for the offence under [STATUTE] . The allegations are that the petitioner kidnapped the minor daughter of the opposite party no.3 for some ulterior purposes and kept the opposite party no. 2 at some secret place. The previous application for grant of anticipatory bail was rejected by order dated 18.12.2008 in Cr. Misc. No. 42493 of 2008 as contained in Annexure-1. Patna High Court Cr.Misc. No.4106 of 2012 (5) dt.18-07-2012 It is jointly submitted on behalf of the petitioner as also the opposite party no. 2 that as a matter of fact the petitioner did not kidnap the opposite party no. 2 who had gone with the petitioner on her own free will and thereafter solemnized marriage. It is further jointly submitted that the opposite party no. 2 in her statement under section 164 Cr. P.C. has not supported the prosecution case and claimed that she is aged about 27 years. It is further jointly submitted that petitioner and the opposite party no.2 as well as their respective family are on good terms and now they have no grievance against any one. Considering the submissions of the parties and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in connection with Kazimohammadpur P.S. Case No. 201 of 2006 subject to the conditions as laid down under section 438(2) Cr. P.C. Manish/- (Shailesh Kumar Sinha, 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.