Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31760 of 2011 ====================================================== 1. Pawan Kumar S/o Shaligram Singh, R/o Village - Gonahi, P.S. Patahi, District - East Champaran .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar Mishra, Advocate For the Opposite Party/s : Mr. S.K.Pandey, ASPP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 5 13-02-2012 Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Chhatauni P.S.Case No.70 of 2011 for offences punishable under [STATUTE] . The allegation against the petitioner who was produced before the police by the informant, is of abducting the minor daughter of the informant. Learned counsel for the petitioner, with reference to the age determination carried out by the Medical Board placed at Annexure-2 of the application, submits that the age of the girl was assessed as 17 to 18 years. The statement of the victim girl has been placed by way of supplementary affidavit Patna High Court Cr.Misc. No.31760 of 2011 (5) dt.13-02-2012 2 recorded under section 164 of the Code of Criminal Procedure. Learned counsel submits that a bare perusal thereof shows that the same is absurd in as much as even the father of this petitioner has been alleged of committing sexual assault on the victim girl. It is further submitted that the petitioner is in custody since 6.5.2011. Regard being had to the submissions of the learned counsel, let the petitioner, Pawan Kumar be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran in connection with Chhatauni P.S.Case No.70 of 2011, subject to the following conditions: (a) that the petitioner shall accept the police papers on the given date and shall also be present in the court on the date fixed for framing of charge and if the petitioner fails to do so on two consecutive dates fixed for such purpose, the court concerned shall be at liberty to cancel the bail bond of the petitioner and to take him into custody; (b) that the petitioner shall ensure his representation before the court below on each and every date fixed Patna High Court Cr.Misc. No.31760 of 2011 (5) dt.13-02-2012 3 in the case and the failure on the part of the petitioner to ensure his representation on two consecutive dates fixed in the case without reasonable explanation to the satisfaction of the court below would entitle the court concerned to cancel the bail bonds of the petitioner and to take him into custody. 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.