Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2906 of 2012 ====================================================== Monu Paswan .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.2964 of 2012 ====================================================== Gita Devi .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 21-03-2012 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in connection with Sohsarai P.S. Case No. 51 of 2011 registered for the offences punishable under [STATUTE] pending in the court of learned Chief Judicial Magistrate, Nalanda at Biharsharif. It is alleged that on 01.06.2007 at 6.00 PM, the neighbours of the informant assaulted the informant when she went to police station and from there to hospital for treatment but when returned home she found her daughter Hema Kumari aged about 13-14 years missing when it was suspected that she was kidnapped by Sonu Paswan and these petitioners when cash of Rs. Patna High Court Cr.Misc. No.2906 of 2012 (3) dt.21-03-2012 2/ 3 20,000/- was also taken away from the house. It is submitted by Sr. learned counsel for the petitioner that at earlier point of time on 06.04.2010, the mother of Sonu Kumar filed a complaint against the informant and victim for making assault and abusing by calling caste name. It is further submitted that the informant subsequently filed a complaint which came to be registered as Bihar P.S. Case No. 295 of 2011 on 03.11.2011 for further abduction of the victim at the hand of the brother of Sonu Paswan when 164 Cr.P.C. statement of the victim was recorded where she admitted that she is aged about 19 years when the court assessed her age as 18 years and she had married with Sonu Paswan of her own hence she wants to reside with Sonu Paswan when the court below on 18.11.2011 directed the I.O., to reach the victim to her desired place. Learned counsel for the informant submits that in 164 Cr.P.C. statement recorded in the present case the victim admitted that she was abducted by Sonu Paswan when charge sheet has submitted under [STATUTE] . Considering the inconsistent statement of the victim girl when the medical opinion suggests the age of the victim Patna High Court Cr.Misc. No.2906 of 2012 (3) dt.21-03-2012 3/ 3 between 17 to 18 years, Sone Paswan has been granted regular bail vide Cr. Misc. No. 3951 of 2012. I see no reason for the learned court below not to give the same privilege to the petitioners if they surrender within a period of six weeks. With the above observation, these applications are, accordingly, disposed off. Let the order be transmitted to the learned court below through fax at the cost of the petitioners. Amrendra/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 363

Statute Text:
Section 363 of the Indian Penal Code. Kidnapping. Whoever kidnaps any person from India or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.