Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37277 of 2012 ====================================================== 1. Rajesh Kumar Singh @ Karu Singh 2. Bijay Kumar Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 11-10-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of kidnapping the minor daughter of the informant. In 164 Cr.P.C. statement the victim has specifically named petitioner no. 1 when she gathered the name of petitioner no. 2 from the confession of the specifically named three persons. It is submitted by learned counsel for the petitioners that no misbehaviour has been alleged nor the purpose of taking away has been alleged. A statement has been made in para 10 Patna High Court Cr.Misc. No.37277 of 2012 (2) dt.11-10-2012 2/2 that the petitioners have no criminal antecedent. It appears that similarly situated other accused Rajnish Kumar Singh has been granted regular bail vide Cr. Misc. No. 19334 of 2012. This Court sees no reason for learned court below not to give same privilege to the petitioners, if the petitioners surrender before the learned court below within a period of eight weeks from today in connection with Sonbarsa Raj P.S. Case No. 07 of 2012 pending in the court of learned CJM, Saharsa. With the aforesaid observation, this application is disposed of. Let the order be transmitted to the learned court below through fax at the cost of the petitioner. DKS/ (Dinesh Kumar Singh, 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.