Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42555 of 2011 ====================================================== 1.Gopal Rabidas. 2.Bishun Rabidas. Both Sons of Latayan Rabidas. 3.Kapildeo Rabidas, Son of Bishundeo Rabidas. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 01-03-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph – 46 dated 10/12/2011. All the three petitioners are apprehending their arrest in connection with a case registered for the offence punishable under [STATUTE] , are named accused in this case, instituted on basis of Complaint Case No. 740 C of 2011 with allegation of taking away the brother of the complainant-informant to provide some engagement but he is yet to return and there is no information about where he is and there is also suspicion of his abduction for ulterior motive. Submission is of false implication due to petty land disputes between the parties and it appears on basis of paragraph – 27 of the case diary that the victim is insane and uses to leave the house and returned after some intervals. Further, submission is that there is nothing emerging against the petitioner and the investigation of this case is still going on. Considering the facts and circumstances of the case, till conclusion of the investigation/submission of charge-sheet, in the event of their arrest/surrender before the court below within four weeks, let the above Patna High Court Cr.Misc. No.42555 of 2011 (3) dt.01-03-2012 2 / 2 2 named petitioners be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui, in connection with Sono P.S. Case No. 86 of 2011, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till conclusion of the investigation/submission of charge-sheet and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen-II/- (Akhilesh Chandra, J)

Applicable IPC Section: 370

Statute Text:
Section 370 of the Indian Penal Code. Trafficking of person. Whoever, for the purpose of exploitation, (a) recruits, (b) transports, ( c) harbours, (d) transfers, or (e) receives, a person or persons, by— using threats, or using force, or any other form of coercion, or by abduction, or by practising fraud, or deception, or by abuse of power, or by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, transported, harboured, transferred or received, commits the offence of trafficking. Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine. Where the offence involves the trafficking of more than one person, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine. Where the offence involves the trafficking of a minor, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine. Where the offence involves the trafficking of more than one minor, it shall be punishable with rigorous imprisonment for a term which shall not be less than fourteen years, but which may extend to imprisonment for life, and shall also be liable to fine. If a person is convicted of the offence of trafficking of minor on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine. When a public servant or a police officer is involved in the trafficking of any person then, such public servant or police officer shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine.