Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21323 of 2012 ====================================================== 1. Neha Kumari @ Neha Devi D/O Rajendra Sah Resdient Of Village- Salempur, P.S.- Pirpanti, Distt.- Bhagalpur .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajiv Ranjan Singh, Advocate. For the Opposite Party/s : Mr. Atul Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 11-06-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends her arrest in connection with a case instituted for the offence punishable under [STATUTE] . It is contended that initially the case was filed as complaint which was referred to police for instituting the First Information Report and investigation under Section 156(3) of the Code of Criminal Procedure. The main allegation is against Chandra Shekhar Sah and not against the petitioner. The victim who happens to be the wife of the informant appeared before police and her statement under Section 164 of the Code of Criminal Procedure was recorded Patna High Court Cr.Misc. No.21323 of 2012 (2) dt.11-06-2012 2 / 3 2 by a Judicial Magistrate in which she has categorically stated that she has neither been abducted by any one nor has been forced to live with any one. The statement recorded under Section 164 of the Code of Criminal Procedure has been annexed to the petition as Annexure-2 which goes to suggest that the victim was being harassed and tortured by the informant as a result of which she left her matrimonial house and started residing with co-accused Chandra Shekhar Sah. Be that as it may, considering the facts and circumstances of the case, let the abovenamed petitioner in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Ishipur Barahat P.S. Case No. 41 of 2011, G.R. No.1973 of 2011 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also on the following conditions: (i) That both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how he is related with the Patna High Court Cr.Misc. No.21323 of 2012 (2) dt.11-06-2012 3 / 3 3 petitioner. (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That she shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then she shall take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he will immediately inform the court and request that he may be permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violate any of the conditions imposed by this Court. Vinay/- (Ashwani 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.