Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39549 of 2012 ====================================================== Md. Naim S/O Md. Alam, Resident of Village- Belahi, Police Station- Jogbani, District- Araria. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 01-11-2012. Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is in custody in connection with Jogbani (Bathnaha) P.S. Case No. 10 of 2012 registered for offence punishable under [STATUTE] . According to the prosecution case, the petitioner has kidnapped daughter of the informant and he along with others is alleged to have assaulted and used filthy language. Learned counsel for the petitioner submits that the allegation is totally false and concocted and it is a case of love affairs in which the so called victim girl has voluntarily, without any coercion, married the petitioner. He submits that it would be Patna High Court Cr.Misc. No.39549 of 2012 (2) dt.01-11-2012 2 apparent from the statement made by the co-called victim girl under section 164 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Code’), copy of which has been made Annexure-2 to this application, in which she has clearly stated that she has married the petitioner of her own will and wanted to live with him. Learned counsel submits that as of today, she is living with the petitioner without any complain. Learned counsel has also drawn the attention of this court to Annexure-3, which is the Medical Report of the so-called victim girl in which her dental age has been opined between 17 to 19 years and otherwise her age has been found to be between 17-18 years. It is thus submitted that she can safely be said to be an adult and in view of the statement under section 164 of the Code, the present case itself is fit to be quashed. Learned A.P.P. for the State opposes the prayer for bail and submits that the girl was minor and has been enticed away by the petitioner and his family members and thus he does not deserve the privilege of bail. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, let the abovenamed petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like Patna High Court Cr.Misc. No.39549 of 2012 (2) dt.01-11-2012 3 amount each to the satisfaction of the Chief Judicial Magistrate, Araria in connection with Jogbani (Bathnaha) P.S. Case No. 10 of 2012. The petitioner shall give an undertaking before the court concerned to the effect that the so-called victim girl who he claims to be his wife, shall be kept with full dignity, honour and security. ahk/- (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 506

Statute Text:
Section 506 of the Indian Penal Code. Criminal intimidation. Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc — and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for life, of with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.