Case Facts:
Patna High Court Cr.Misc. No.18737 of 2012 (3) dt.05-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18737 of 2012 ====================================================== 1. Nilesh Yadav @ Ram Kumar Yadav S/O Nunu Lal Yadav .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 05-07-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State assisted by learned counsel for the informant. Petitioner is in jail custody since 23.08.2011 in a case registered under [STATUTE] . Admittedly, petitioner and victim girl along with father of the petitioner were arrested at railway station and after that the statement of victim was recorded by the police which has been incorporated at para-56 of the case diary and after that the statement of victim was recorded under Section 164 of the Cr.P.C. The contention on behalf of the petitioner is that the victim was in love with the petitioner and as a matter of fact she left her home voluntarily and solemnized her marriage with the petitioner by her own sweet will and after solemnization of the marriage, petitioner as well as victim went to Punjab in connection Patna High Court Cr.Misc. No.18737 of 2012 (3) dt.05-07-2012 with livelihood but when this case was registered the father of the petitioner went to Punjab to take back the petitioner and victim to their home and while they were returning from Punjab police caught the petitioner as well as victim and father of the petitioner and after that victim went into the custody of her parents who tutored her and then victim took U turn and stated against the petitioner. Learned counsel appearing for the informant submitted that victim was minor at the time of the alleged occurrence and she has specifically stated against the petitioner that he not only kidnapped her but also committed rape on her. Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, keeping in mind that the investigation has already been completed and the victim has already returned to her home, let the petitioner 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 Chief Judicial Magistrate, Saharsa in connection with Sonbarsa Raj P.S. Case No. 126 of 2011. SHAHZAD/- (Hemant Kumar Srivastava, 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.