Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44900 of 2011 ====================================================== 1. Rama Mehta S/O Mishri Lal Mehta Resident Of Village - Brahmpur , P.S. - Birpur , Distt- Supaul. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3. 23-02-2012. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Narpatganj (Ghurna) P.S.Case no.225 of 1997 for offence punishable under [STATUTE] . Learned counsel for the petitioner submits that a plain reading of the F.I.R. does not indicate that any force was applied on the niece of the informant. It is not in dispute that the victim is a married woman and her parents are not alive. The victim in her statement at para-38 of the case diary has stated about the rape committed by the petitioner during her confinement. The petitioner has surrendered after almost 14 years of the alleged Patna High Court Cr.Misc. No.44900 of 2011 (3) dt.23-02-2012 2 2 occurrence. Considering the circumstances, no case for indulgence is made out. The application is dismissed. However, the petitioner may renew his prayer for bail after framing of the charge ahk/- (Jyoti Saran, 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.