Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36484 of 2011 ====================================================== Krishna Choudhary son of Satandeo Choudhary, R/O Village-Bagahi Bakuliya Tola, p.s.Bairiya, Distt.West Champaran .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.38457 of 2011 ====================================================== Ajay Chaudhary S/O Jatashankar Chaudhary Resident Of Village- Bagahi Bakulia Tola , P.S.- Bairiya , District- West Champaran. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.36484 of 2011) For the Petitioner/s : Mr. Sanjiv Kumar Srivastava,Advocate For the Opposite Party/s : Mr. M.K. Gautam, APP (In Cr.Misc. No.38457 of 2011) For the Petitioner/s : Mr. Umesh Chandra Verma ,Advocate For the informant : Mr. Anwar Karim, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 3. 18-01-2012 Heard learned counsel appearing on behalf of the petitioner, and the learned counsel appearing on behalf of the State and learned counsel for the informant. The petitioners of both applications are in custody in connection with Bairiya P.S.Case No.123 of 2011 for the offence punishable under [STATUTE] . Patna High Court Cr.Misc. No.36484 of 2011 (3) dt.18-01-2012 2 Whereas the petitioner Krishna Choudhary is said to have eloped with the grand daughter of the informant, the petitioner of the other application Ajay Choudhary is alleged to have assisted him in the process. Admittedly, the grand daughter of the informant was recovered from the house of the sister of petitioner Krishna Choudhary in Nepal. Learned counsel for the petitioner Krishna Choudhary, with reference to a certificate issued by the Temple authorities and a photograph of the couple placed at Annexures-2 and 3 of the application, submits that the couple had got married. He further submits that as per the statement made by the victim girl herself, there was no assault or physical relationship with the girl nor there was any form of protest by the girl in accompanying him. He thus submits that despite the said circumstances, the petitioner continues to remain in custody. In so far as the other petitioner Ajay Choudhary is concerned, the only allegation against him is of assisting in the process. Learned counsel for the informant while opposing the bail applications, submits that as the girl was admittedly found in the house of the sister of the petitioner Krishna Choudhary in Nepal, the petitioners are not entitled for consideration of bail. Patna High Court Cr.Misc. No.36484 of 2011 (3) dt.18-01-2012 3 Having heard learned counsel for the parties and having considered the materials on record, , let the petitioners (1) Krishna Choudhary and (2) Ajay Choudhary be released on bail upon each one of them individually furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran, Bettiah in connection with Bairiya P.S.Case No.123 of 2011. ahk (Jyoti Saran, 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.