Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44819 of 2012 ====================================================== Mithun Kumar Das S/O Dinesh Das R/O Village - Belthu, P.S. - Shahkund, Distt. - Bhagalpur .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 2 21-11-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. This is an application for grant of bail to the accused- petitioner for the offence punishable under [STATUTE] . Allegation against the petitioner is to have kidnapped the daughter of the informant aged about 16 years, a student of Banarasi college. It is also alleged that the informant has talked with his daughter and she has stated that she is with the petitioner. It is submitted that the victim has made statement under Section 164 Cr.P.C. before the court of learned Chief Judicial Magistrate and has stated that she has been in love with the petitioner for the last one year and both of them wanted to marry but their parents were not ready for the marriage. Both of them made plan to marry. She has further stated that she went to the petitioner, took him to a temple at Nathnagar and married him. She remained with him for five days. The petitioner had not enticed her away nor had made any coercive action against her. A supplementary affidavit has been filed on behalf of Patna High Court Cr.Misc. No.44819 of 2012 (2) dt.21-11-2012 2 the petitioner stating therein that the victim is a legally wedded wife of the petitioner and she will be maintained by the petitioner with honour owner and dignity. Learned counsel for the State could not controvert the contention of the petitioner while opposing his prayer. Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in Shahkund P. S. Case No. 115 of 2012 with following conditions:- (i) The petitioner will not indulge himself in similar or any other offence. (ii) One of the bailors must be the close relative of the petitioner. (iii) The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned. Kanchan/- (Amaresh Kumar Lal, 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.