Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44691 of 2011 ====================================================== Subhash Das, Son of Katki Das, resident of Village - Dharhara, Police Station - Dhoraiya, District - Banka. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 04. 16-03-2012 Heard the parties. The petitioner is in custody in connection with Sessions Trial No. 841of 2011 arising from Bounsi P.S. Case No. 69 of 2011 for offence punishable under [STATUTE] . The allegation against this petitioner is of abducting the daughter of the informant. Learned counsel for the petitioner, with reference to the F.I.R., submits that although the allegation of abduction is dated 10.12.2010 but the F.I.R. has been instituted after an unexplained delay of more than five months on 29.05.2011. It is further submitted that from the F.I.R. itself it is manifest that the parties were known to each other and that the girl having accompanied this petitioner all the way to Faridabad (near Delhi), (incorrectly mentioned as Firozabad), did not raise any voice of protest. The Patna High Court Cr.Misc. No.44691 of 2011 (4) dt.16-03-2012 2 medical report assessed the age of the girl as 19 years. Considering the circumstances and the submissions of learned counsel, let the petitioner Subhash Das be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, F.T.C. Ist, Banka in connection with Sessions Trial No. 841 of 2011 arising from Bounsi P.S. Case No. 69 of 2011, subject to the condition that the petitioner shall ensure his representation before the trial court on each and every date fixed in the case and the failure on the part of the petitioner to ensure his representation on two consecutive dates fixed without reasonable explanation to the satisfaction of the court below, would entitle the court concerned to cancel the bail bonds of the petitioner and to take him into custody. S.Sb/- (Jyoti Saran, J)

Applicable IPC Section: 363

Statute Text:
Section 363 of the Indian Penal Code. Kidnapping. Whoever kidnaps any person from India or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.