Case Facts:
Patna High Court Cr.Misc. No.17721 of 2012 (2) dt.27-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17721 of 2012 ====================================================== Anil Mahto S/o Late Mahadeo Mahto .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 2. 27.04.2012 The petitioner seeks anticipatory bail as he apprehends his arrest in connection with Bakhri Town P.S. Case No. 79/2011 for the offences alleged [STATUTE] (A), 34 of the Indian Penal Code. 2. The prosecution case relates to kidnapping of Guriya Kumari, said to be 15 years of age by one Pankaj Mahto on 24.4.2011 with the help of other persons including this petitioner. 3. Learned counsel for the petitioner submits that the victim girl is 19 years old and living with the main accused Pankaj Mahto having married on his own free will and to this effect she is said to have filed a petition before learned Trial Court. 4. It is further submitted that co-accused Sanju Devi, mother of the main accused Pankaj Mahto has already been granted anticipatory bail by order dated 24.10.2011 passed in Cr. Misc. No. 35368/2011. It is Patna High Court Cr.Misc. No.17721 of 2012 (2) dt.27-04-2012 submitted that there is no specific allegation against the petitioner who is similarly situated with Sanju Devi aforesaid. 5. As such, in the event of his arrest or surrender before the court below within 12 weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Bakhari Town P.S. Case No. 79/2011, G.R. No. 1149/2011, subject to the conditions as laid down under Section 438(2) Cr.P.C. Fahad. (Vikash Jain, 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.