Case Facts:
Patna High Court Cr.Misc. No.28234 of 2012 (2) dt.24-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28234 of 2012 ====================================================== Md. Mudan, son of Late Asraf .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 2 24-08-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application has been filed for the grant of regular bail to the petitioner who has been made an accused in connection with Forbesganj P.S. Case No. 378/2011 pending before Chief Judicial Magistrate, Araria, for the offences punishable under [STATUTE] . The petitioner is one of the named accused in this case with allegation of kidnapping minor niece of the informant with ulterior motive. Submission is of false implication and under almost similarly situated circumstance co-accused namely Md. Mushaharu, son of Late Asharaf Ali has already been released on bail vide order dated 23.02.2012 passed in Cr. Misc. No. 42669/2011 by a Bench of this court. Patna High Court Cr.Misc. No.28234 of 2012 (2) dt.24-08-2012 The victim in her statement recorded under section 164 of the Code of Criminal Procedure said about sexual assault by co-accused Irshad non-petitioner. Further, parties have entered into compromise and petition in this regard is on the record of the court below. But, having regard to the facts and circumstance of the case and taking into consideration the statement of the victim stating about petitioner’s involvement with a Bike which was used in kidnapping of the victim who was ultimately sexually assaulted, for the present, prayer of regular bail of the petitioner is hereby refused with a liberty to renew his prayer before the trial court, if so wishes, after examination of the victim. Simultaneously, trial court is directed to proceed expeditiously and avoid undue delay and adjournment. Let a copy of this order be communicated to the court below through Fax at the cost of the petitioner. Rajeev/- (Akhilesh Chandra, 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.