Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26627 of 2012 ====================================================== Santosh Kumar Yadav @ Santosh Kumar @ Dhongal, Son of Suresh Yadav @ Suro Yadav. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 2 09-08-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, who is languishing in custody, seeks bail in a case registered under [STATUTE] , is solitary named accused in this case with allegation of kidnapping the minor daughter of the informant for the purposes of marriage etc. Submission is of false implication and the victim herself, stated to have attained majority and willingly married with the petitioner in her statement recorded under Section 164 Cr.P.C. and further intention to reside with him and his family, but in view of the age of the victim determined after medical examination being 15 years, for the present, prayer for regular bail of the above named petitioner, in connection with Sahebpur Kamal P.S. Case No. 34/2012, pending in the court of learned Judicial Magistrate, 1st Class, Begusarai, is hereby, refused. Further, the petitioner is at liberty to renew his prayer before the trial court itself after examination of the victim and her parents. It is also further made clear that on prayer being made by the petitioner, the trial court shall consider the same on its own merit without being prejudiced of instant refusal. Praveen-II/- (Akhilesh Chandra, J)

Applicable IPC Section: 363

Statute Text:
Section 363 of the Indian Penal Code. Kidnapping. Whoever kidnaps any person from India or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.