Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20437 of 2012 ====================================================== Om Mandal @ Om Prakash Mandal, S/O Janardan Mandal, R/o Village- Kabaiya Road, Ward No. 26, P.S+District- Lakhisarai. .... .... Petitioner Versus 1. The State Of Bihar .... .... Opposite Party ================================================ PRESENT: HONOURABLE MR. JUSTICE S.N. HUSSAIN ORDER 2. 05-06-2012. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is an accused in Lakhisarai P.S. Case No.113 of 2012 for offences punishable under [STATUTE] . ] Learned counsel for the petitioner submits that the daughter of the informant, namely, Puja Kuamri, is his legally wedded wife and they had wanted to marry each other from much before and when the parents of Puja Kumari raised objection and started assaulting her, she fled away from her father’s house and came to live with the petitioner on her own free-will and the petitioner kept her with his mother and thereafter they got married. He also stated that the said girl Puja Kumari appeared before the court and made her clear and Patna High Court Cr.Misc. No.20437 of 2012 (2) dt.05-06-2012 2 2 unambiguous statement claiming the petitioner as her husband and stating that she had gone with him according to her own free-will and had married and she wanted to live with him. In the aforesaid facts and circumstances of the case, this petition is allowed. Let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S.Case No.113 of 2012. ahk/- (S.N. Hussain, 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.