Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19018 of 2012 ====================================================== 1. Birendra Ram S/O Kishnath Ram @ Neta R/O Vill.- Nawtan, P.S.- Vijaipur, Dist.- Gopalganj. .... .... Petitioner Versus 1. The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 28-05-2012. Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in Vijoypur P.S. Case No. 31 of 2012 registered for offence under [STATUTE] . Learned counsel for the petitioner submits that he has been made accused in the present case without any valid and justifiable reason as during the investigation, nothing admissible in law or incriminating has come so as to connect the petitioner with the alleged crime. Learned counsel draws the attention of this court to the statement of the victim girl under section 164 of the Code of Criminal Procedure, 1973 in which she has not said anything implicating this petitioner and Patna High Court Cr.Misc. No.19018 of 2012 (2) dt.28-05-2012 2 has only made reference that for taking her away, the petitioner along with another Narendra Prasad, was also instrumental. He submits that the said reference is in positive sense and not negative sense inasmuch as the only import is that the victim girl herself was determined to go to her lover. The petitioner is said to be in custody since 17.2.2012. It is further submitted that the girl is major and not a minor as alleged in the F.I.R. Learned A.P.P. for the State on the other hand submits that as a minor girl was enticed away with the help of the petitioner, he cannot be absolved of his responsibility and thus does not deserve the privilege of bail. Considering the facts and circumstances of the case, let the petitioner, named above, be released on bail upon furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in connection with Vijoypur P.S. Case No. 31 of 2012. ahk/- (Ahsanuddin Amanullah, 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.