Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42492 of 2011 ====================================================== Jimdar Rai @ Jimdar Ray, S/o Charitra Rai, resident of Village- Ram Nagar, P.S.- Kanhauli, District- Sitamarhi. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mahendra Thakur, Advocate For the Opposite Party/s : Mr. M.K. Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 07-02-2012 Heard the parties. The petitioner is in custody in connection with Kanhauli P.S. Case No.15 of 2009 for the offences punishable under [STATUTE] and section 27 of the Arms Act. The petitioner happens to be the father of Rajgir Rai who is alleged to have abducted the daughter of the informant on a motorcycle to Nepal. The allegation is that this petitioner also aided and assisted his son in the process. The occurrence having taken place on 31.12.2008, a complaint was instituted on 9.1.2009 which was subsequently registered as FIR under the provisions of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’). Learned counsel for the petitioner submits that following the criminal case, the victim girl herself had filed a Criminal Writ petition seeking protection for herself and the son of the petitioner Rajgir Rai claiming herself to be a major and having married the said Rajgir Rai. The said criminal writ petition bearing Cr.W.J.C. No.548 of 2009 was heard on 14.9.2009 when notice was issued to the informant (respondent no.9) and Patna High Court Cr.Misc. No.42492 of 2011 (3) dt.07-02-2012 2 while doing so this Court directed the Superintendent of Police, Sitamarhi to ensure protection to the victim girl as also the petitioner and his son, who were respondent nos.6 to 8. The said criminal writ petition was heard and disposed of on 20.9.2010 directing the Investigating Officer to conclude the investigation and until such time the interim order was allowed to continue. The orders passed in the criminal writ petition are placed at Annexures 2 and 3. The medical examination reveals the age of the victim girl as 18 years. It is thereafter that a statement was given by the victim girl under section 164 of the Code in which an allegation of abduction has been made against this petitioner as well as his son Rajgir Rai and of having kept her in captivity in Nepal. It is contended that the allegation appears to be improbable for the reason that the victim was taken to Nepal on motorcycle but she did not raise any voice of protest. It is further stated that no allegation of physical abuse has been made by the victim girl. Regard being had to the submission of learned counsel, let the petitioner, namely, Jimdar Rai @ Jimdar Ray be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Kanhauli P.S. Case No.15 of 2009. SKPathak/- (Jyoti Saran, J)

Applicable IPC Section: 364

Statute Text:
Section 364 of the Indian Penal Code. Kidnapping or abducting in order to murder. Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.