Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14747 of 2012 ====================================================== Ram Padarth Ray son of late Harihar Ray, resident of Mohiuddinnagar, District-Samastipur. .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 3 22-05-2012 Heard learned counsel for the petitioner and learned A.P.P. appearing on behalf of State. The petitioner is accused in a case registered for the offence punishable under [STATUTE] . Learned counsel appearing on behalf of petitioner submits that while the informant, Bipin Kumar Mahto, lodged the First Information Report against the petitioner and five others mere on suspicion about kidnapping of his minor sister, Raj Kumari, but Raj Kumari after recovery give her statement under Section 164 of the Code of Criminal Procedure, in which she has named the petitioner and also Shambhu but she has categorically stated about committing rape by Ramesh and Karu not by the petitioner. It is also submitted that similarly situated co-accused, Shambhu Roy, has been allowed bail by this Court on 14.02.2012, Patna High Court Cr.Misc. No.14747 of 2012 (3) dt.22-05-2012 2/2 vide Criminal Miscellaneous No. 6094 of 2012 and the petitioner is in custody since 19.10.2011. Learned A.P.P. appearing on behalf of State while opposing the prayer for bail of the petitioner submits that the victim in her statement under Section 164 of the Code of Criminal Code has stated the name of the petitioner and others but she has only stated about committing rape by Ramesh and Karu. Considering the aforesaid facts and circumstances, let the above named petitioner, 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 A.D.J.-I, Samastipur in connection with Mohiuddinagar P.S. Case No. 135 of 2010 arising out of S.T. No. 97 of 2012. Safik/- (Rajendra Kumar Mishra, 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.