Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11274 of 2012 ====================================================== Bharat Trivedi @ Bharat Dwiwedi .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 09-04-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that the married daughter of the informant went missing on 25.05.2011 when the sanaha was lodged on 26.05.2011 and ultimately the FIR was lodged on 11.06.2011 in which petitioner was made accused. In 164 Cr.P.C. statement the victim has stated that she went in the company of Awadh Dubey who kept the victim in his house and wanted to marry and subsequently this petitioner who is the brother-in-law (Sala) of Awadh Dubey established forceful physical relationship. Patna High Court Cr.Misc. No.11274 of 2012 (2) dt.09-04-2012 2/2 It is submitted by learned counsel for the petitioner that the victim married to some other person when she filed 498A proceeding in which she filed petition that she does not want to reside with her husband and thereafter it appears from 164 Cr.P.C. statement she went of her own in the company of Awadh Dubey which shows the conduct of the victim when she admits that she herself returned home but no medical examination has been done. Considering the conduct and the inconsistencies in statements of the victim, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Barari) P.S. Case No. 328 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 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.