Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9529 of 2012 ====================================================== Birchandra Rai @ Birendra Rai S/O Late Harihar Rai Resident Of Village- Bishanpur Beri, P.S.- Mohinuddin Nagar, District- Samastipur. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 2 02-03-2012 Heard Mr. Ashok Kumar Sinha, learned counsel for the petitioner and Mr. Suraj Prasad Singh, learned A.P.P. for the State. The petitioner is in jail custody since 19.10.2011 in Mohinuddin Nagar P. S. Case No. 135 of 2010, initially registered under [STATUTE] but later on section 376 of the Indian Penal code was also added. It is submitted that there is no allegation of rape against the petitioner. In similar facts and circumstances, co- accused Shambhu Roy has been granted bail by a Bench of this Court vide Cr. Misc. No. 6094 of 2012. Learned counsel for the State could not controvert the contention of the petitioner while opposing his prayer. Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing Patna High Court Cr.Misc. No.9529 of 2012 (2) dt.02-03-2012 2 bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Mohinuddin Nagar P. S. Case No. 135 of 2010 with following conditions:- (i) The petitioner will not indulge himself in similar or any other offence. (ii) One of the bailors must be the close relative of the petitioner. (iii) The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bond, his bail bond would be liable to be cancelled by the learned Court concerned. Kanchan/- (Amaresh Kumar Lal, 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.