Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36024 of 2011 Shailendra Bin, S/o – Sukhdev Bin, -------- Petitioner. Versus The State of Bihar ---Opposite Party ****** 03. 17.01.2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with Manjhi P.S. Case No. 25/2005 for offences under [STATUTE] , is one of the named accused in this seven years old case, instituted on the basis of Complaint Case No. 351/2005, of kidnapping of minor daughter of the informant. Submission is that the victim herself was recovered from her own house and in her statement under Section 164 of the Code of Criminal Procedure said nothing alarming against the petitioner nor there is any medical examination to assess her age. Though, in complaint her age was given 15 years but in her statement she stated about the same 18 years which is also assessed by the court recording her statement. Considering the facts and circumstances of the case, in the event of his arrest or surrender within a period of four weeks, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra, in connection with Manjhi P.S. Case No. 25/2005, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till disposal of the case, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- ( Akhilesh Chandra, 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.