Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.652 of 2012 ====================================================== Khushi Kumar @ Rohit Kumar S/O Sri Chandra Mohan Mishra @ Tuntun Resident Of Villge Kachhua, P.S. Jalley, District Darbhanga. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 02/ 30-01-2012 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 15.10.2011 in a case registered under [STATUTE] . The accusation is of abducting minor daughter of the informant. From 164 Cr.P.C. statement it appears that the victim has stated initially that this petitioner established forceful physical relationship but in the concluding portion she has stated that he attempted to establish physical relationship. The medical report negates the establishment of forceful physical relationship. Though the medical opinion suggests the victim to be minor, but it appears that there was some love affairs Patna High Court Cr.Misc. No.652 of 2012 (2) dt.30-01-2012 2/2 between the parties from before. Considering the 164 Cr.P.C. statement, let the petitioner namely Khushi Kumar @ Rohit Kumar, 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 learned Chief Judicial Magistrate, Darbhanga in connection with Jalley P.S. Case No. 118 of 2011. DKS/ (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.