Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14737 of 2012 ====================================================== 1. Santosh Kumar Yadav S/O Mohan Yadav R/O Moh-Lal Darwaza Gita Babu Road, P.S.-Kotwali, Distt-Munger .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 09-04-2012 Heard learned counsels for the petitioner and the State. The petitioner seeks bail in connection with a case instituted for the offence punishable under [STATUTE] . It is contended that the alleged occurrence took place on 11.3.2011 but the first information report was instituted on 14.3.2011. The alleged victim had filed a complaint case on 19.4.2011 before the learned Chief Judicial Magistrate, Munger against her father and others for compelling her to marry a man sufficiently aged. In the said complaint she made her statement on oath on 12.5.2011 before the learned Chief Judicial Magistrate, Munger and supported her contention. Subsequently, on 13.9.2011she made her statement under section 164 of the Code of Criminal Procedure making altogether a different story. She made charge of being sexual abuse by the petitioner and thus section 376 Patna High Court Cr.Misc. No.14737 of 2012 (2) dt.09-04-2012 2 of the Indian Penal Code was also added. The statement of the victim recorded on solemn affirmation under section 200 of the Cr.P.C. has been brought on record as annexure-2 to this petition in which she had categorically stated that she out of her own free will had left her home and was residing in the house of her sister and brother-in-law. The victim was related to the petitioner and she being his sister-in-law was recovered from his house in course of investigation of the present case. Be that as it may, considering the changing stand of the victim and the delay in institution of the case, the petitioner named above is directed to 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 Additional Sessions Judge, F.T.C. No.1, Bhagalpur in connection with Sessions Trial No.223 of 2012 arising out of Jagdishpur P.S. Case No.33 of 2011 subject to the conditions (i) that both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the 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 he shall remain present before the court on the Patna High Court Cr.Misc. No.14737 of 2012 (2) dt.09-04-2012 3 dates fixed for hearing of the case. If he wants to remain absent, then he shall take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he shall immediately inform the court and request that he 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 petitioner violates any of the conditions imposed by this court. Md.S./- (Ashwani Kumar Singh, 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.