Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44900 of 2011 ====================================================== 1. Rama Mehta S/O Mishri Lal Mehta Resident Of Village - Brahmpur , P.S. - Birpur , Distt- Supaul. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3. 23-02-2012. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Narpatganj (Ghurna) P.S.Case no.225 of 1997 for offence punishable under [STATUTE] . Learned counsel for the petitioner submits that a plain reading of the F.I.R. does not indicate that any force was applied on the niece of the informant. It is not in dispute that the victim is a married woman and her parents are not alive. The victim in her statement at para-38 of the case diary has stated about the rape committed by the petitioner during her confinement. The petitioner has surrendered after almost 14 years of the alleged Patna High Court Cr.Misc. No.44900 of 2011 (3) dt.23-02-2012 2 2 occurrence. Considering the circumstances, no case for indulgence is made out. The application is dismissed. However, the petitioner may renew his prayer for bail after framing of the charge ahk/- (Jyoti Saran, J)

Applicable IPC Section: 498

Statute Text:
Section 498 of the Indian Penal Code. Enticing or taking away or detaining with a criminal intent a married woman. Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.