Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25854 of 2012 ====================================================== Ranjan Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.26243 of 2012 ====================================================== Prabhat Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.28272 of 2012 ====================================================== Brajnandan Singh @ Brajnandan @ Guruji .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 07-08-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that grand daughter of the Patna High Court Cr.Misc. No.25854 of 2012 (2) dt.07-08-2012 2/4 informant was working as Accountant –cum- Assistant in Kiran Classes, a coaching institute and petitioner Prabhat Kumar was the Principal of said coaching institute conveyed to the victim that training is going on at Patna and in pursuance to that the victim came to the coaching institute when petitioner Prabhat Kumar could not led the informant talk since the training was going on. The victim came to Patna for the training on 13.04.2012 when she returned of her own on 28.04.2012 and the FIR was lodged on 07.05.2012. In 164 Cr.P.C. statement the victim has got her age recorded as 20 years when the court has also assessed as such. It is alleged that the victim came to Patna for training of her own and there she found that there is no training and the petitioners took the victim to Delhi for collecting ransom from the family members. It is alleged that the victim was kept at different places when the victim has stated that no physical relationship was established. To a court question she has stated that she was asked to go for training orally and to other court question she has Patna High Court Cr.Misc. No.25854 of 2012 (2) dt.07-08-2012 3/4 stated that she was kept at Patna at different places. It is submitted by learned counsel for the petitioners that 164 Cr.P.C. statement of the victim not only contradicts the accusation levelled by the informant but it also suggests that the victim of her own went in the company of these petitioners when she neither alleges any misbehaviour and she made accusation with regard to the demand of ransom. It is submitted by the learned counsel for the petitioners that the petitioners have no criminal antecedent. Considering the 164 Cr.P.C. statement of the victim, prima facie, it does not appear to be a case of kidnapping as no accusation regarding any misbehavour has been alleged by the victim in her 164 Cr.P.C. statement, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with S.K. Puri P.S. Patna High Court Cr.Misc. No.25854 of 2012 (2) dt.07-08-2012 4/4 Case No. 99 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 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.