Case Facts:
Patna High Court Cr.Misc. No.31876 of 2012 (3) dt.27-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31876 of 2012 Ashok Ram @ Bito Ram .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 27.09.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 14.6.2012 in a case registered under [STATUTE] on the allegation that he along with one co-accused Asha Devi kidnapped the informant’ minor daughter with intent to get solemnized her marriage with one Sahdeo Ram. The statement of victim has been recorded under section 164 Cr.P.C in which she supported the prosecution story but she nowhere stated name of the aforesaid co-accused Sahdeo Ram. The contention on behalf of the petitioner is that victim herself eloped with the above stated Sahdeo Ram and tried to solemnize her marriage with Sahdeo Ram but since the victim was minor, her marriage could not be solemnized with co-accused Sahdeo Ram and after that victim made false statement under section 164 Cr.P.C. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Ashok Ram @ Bito Ram, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura in Gwalpara P.S. Case no. 31/2012. Shahid (Hemant Kumar Srivastava,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.