Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31738 of 2012 ====================================================== 1. Robina Khatoon 2. Sanjeera Khatoon .... .... Petitioner/s Versus 1. The State Of Bihar 2. Robin Hasda .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 25-09-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a complaint case in which cognizance has been taken for the offences punishable under [STATUTE] . The minor daughter of the complainant went traceless on 12.02.2012 when hetic search was made and subsequently the complaint was filed on 17.02.2012 when suspicion was raised against the petitioners also. It is submitted by learned counsel for the petitioners that petitioner no. 2 lodged Bahadurganj P.S. Case No. 73 of 2011 making accusation under Sections 363, 365 and 372 against the husband of witness no.1 i.e.Sakina of the complaint, hence, as retaliating measure Patna High Court Cr.Misc. No.31738 of 2012 (2) dt.25-09-2012 2/2 the petitioners have been implicated in the present case. Considering the delayed lodging of the case and the petitioners are ladies, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Kishanganj in connection with Complaint Case No. C 210 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (Dinesh Kumar Singh, J.) .

Applicable IPC Section: 363A

Statute Text:
Section 363A of the Indian Penal Code. Kidnapping or obtaining the custody of a minor in order that such minor may be employed or used for purposes of begging. Whoever kidnaps any minor or, not being the lawful guardian of a minor, obtains the custody of the minor, in order that such minor may be employed or used for the purposes of begging shall be punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Whoever maims any minor in order that such minor may be employed or used for the purposes of begging shall be punishable with imprisonment for life, and shall also be liable to fine. Where any person, not being the lawful guardian of a minor, employs or uses such minor for the purposes of begging, it shall be presumed, unless the contrary is proved, that he kidnapped or otherwise obtained the custody of that minor in order that the minor might be employed or used for the purposes of begging. In this section "begging" means: soliciting or receiving alms in a public place, whether under the pretence of singing, dancing, fortunetelling, performing tricks or selling articles or otherwise; entering on any private premises for the purpose of soliciting or receiving alms; exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal; using a minor as an exhibit for the purpose of soliciting or receiving alms; "minor" means: in the case of a male, a person under sixteen years of age; and in the case of a female, a person under eighteen years of age.