Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29425 of 2012 ====================================================== 1. Vishwanath Sah 2. Jitendra Kumar @ Jitendra Sah 3. Dharmendra Kumar 4. Uma Devi .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 22-11-2012 Heard learned counsels for the petitioners and the State. The petitioners being the father, brothers and mother of the victim are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that the informant’s wife was taken away by the petitioners on 13.08.2011 on assurance to return her after Raksha Bandhan ceremony but she did not return. It is submitted by learned counsel for the petitioners that for the occurrence of 13.08.2011 the complaint was filed on 24.10.2011 which came to be Patna High Court Cr.Misc. No.29425 of 2012 (3) dt.22-11-2012 2/3 registered as police case on 16.11.2011 when earlier petitioner Vishwanath Sah filed Bairgania P.S. Case No. 138 of 2011 against the informant and others for kidnapping of his daughter in which the informant was arrested when the court after finding the victim major released the victim in favour of the informant on 08.08.2011 and when the informant got released on 22.10.2011 then the complaint has been lodged on 24.10.2011 and the victim, if at all, has disappeared, she disappeared from the legal custody of the informant and his family members when the petitioners’ side has subsequently also lodged a case against the informant side in which cognizance has been taken against the informant side. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Patna High Court Cr.Misc. No.29425 of 2012 (3) dt.22-11-2012 3/3 Bairgania P.S. Case No. 198 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (Dinesh Kumar Singh, 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.