Case Facts:
Patna High Court Cr.Misc. No.21195 of 2012 (2) dt.11-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21195 of 2012 ====================================================== 1. Ekram Khan S/O Sanaullah Khan R/O Village - Bamudin, P.S. Bikramganj, District - Rohtas 2. Mehrun Nisha W/O Ekram Khan R/O Village - Bamudin, P.S. Bikramganj, District - Rohtas 3. Begum Khatoon D/O Ekram Khan R/O Village - Bamudin, P.S. Bikramganj, District - Rohtas 4. Ajmeri Khatoon D/O Ekram Khan R/O Village - Bamudin, P.S. Bikramganj, District - Rohtas 5. Esrar Khan S/O Ekram Khan R/O Village - Bamudin, P.S. Bikramganj, District - Rohtas .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 11-06-2012 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners apprehend their arrest in connection with a case registered for the offence punishable under [STATUTE] . It is submitted that the petitioners are innocent and they have maliciously been implicated in the present case. The petitioners no.1 and 2 are father and mother, petitioner no.3 is married sister, petitioner no.4 is unmarried sister and petitioner no.5 is brother of co-accused Imran Khan, who has already married the grand daughter of the informant. The grand daughter Patna High Court Cr.Misc. No.21195 of 2012 (2) dt.11-06-2012 of the informant is a major girl. She out of her own sweet will eloped with co-accused Imran Khan and married him. They are residing together as husband and wife in Delhi. They have also filed a writ being WP (CRL) 91 of 2012 in the High Court of Delhi and have sought protection of police from harassment made to them. Be that as it may, considering the nature of allegation, facts and circumstances of the case, let the petitioners, named above, in the event of arrest or surrender before the court within a period of four weeks from the date of receipt/production of a copy of this order, 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 learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Nasriganj (Rajpur) P.S. Case No.3 of 2012 subject to the conditions as laid down under section 438(2) Cr.P.C. and also subject to the conditions that (i) that both the bailors will be close relative of the petitioners who will give separate affidavit giving genealogy as to how they are related with the petitioners (ii) that the petitioners 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 them to disclose such facts to the court or to any other authority Patna High Court Cr.Misc. No.21195 of 2012 (2) dt.11-06-2012 (iii) that they shall remain present before the court on the dates fixed for hearing of the case. If they want to remain absent, then they shall take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, they shall immediately inform the court and request that they may be permitted to be present through 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 petitioners violate any of the conditions imposed by this court. Md.S./- (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.