Case Facts:
Patna High Court Cr.Misc. No.18638 of 2012 (3) dt.20-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18638 of 2012 ====================================================== 1. Rajesh Kumar Rai S/O Jitendra Rai .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 20-07-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 23.11.2011 in a case registered under [STATUTE] . Learned counsel for the petitioner submits that petitioner is named in the first information report but only suspicion has been raised against him and except the so-called confessional statement of the petitioner, there appears to be nothing against him. Admittedly, after death of her husband the victim started residing with petitioner along with her children and her relation with petitioner was sweet and cordial but later on, it is stated that petitioner used to torture the victim. Moreover, it appears from perusal of the impugned order as well as materials Patna High Court Cr.Misc. No.18638 of 2012 (3) dt.20-07-2012 available on the case dairy that except suspicion, there is nothing against the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 430 of 2011. SHAHZAD/- (Hemant Kumar Srivastava, 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.