Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 48023 of 2012 ====================================================== Suresh Turha, son of Patel Turha, resident of Mohalla Mahabir Asthan Turha Toli, P.S. Buxar (Nagar), District-Buxar. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 17-12-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is in custody in connection with Buxar Nagar P.S. Case No. 93 of 2012 registered for offence punishable under [STATUTE] . As per the allegation the petitioner had taken away the four years old daughter of the informant at about 8:30 p.m. on 26.03.2012 and upon search, she was found at 10:30 p.m. near a market place. Learned counsel for the petitioner submits that the petitioner has been falsely implicated as he is a neighbour and there is family dispute among them. It is further submitted that the allegation itself is unbelievable since after two hours the girl is said to have been found but there is no explanation as to why the Patna High Court Cr.Misc. No.48023 of 2012 (2) dt.17-12-2012 2 petitioner, if he wanted to take away/kidnap the girl did not do so. Learned counsel further points out that even the statement under Section 164 of the Code of Criminal Procedure, 1973 is not correct since the same has been made more than one month after the incident and upon tutoring by the parents since she, being four years of age, cannot understand its implication. Learned counsel submits that in any view of the matter, the petitioner having been in custody since 18.09.2012 and having no criminal incident deserves to be enlarged on bail. Learned A.P.P. for the State opposes the prayer for bail and submits that the petitioner had tried to kidnap a minor girl and thus does not deserve the privilege of bail. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, let the abovenamed petitioner be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar in Buxar Nagar P.S. Case No. 93 of 2012. Anjani/- (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 366A

Statute Text:
Section 366A of the Indian Penal Code. Procuration of minor girl. Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.