Case Facts:
Patna High Court Cr.Misc. No.12218 of 2012 (2) dt.21-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12218 of 2012 ====================================================== 1. Bijendra Saw S/O Late Ramvilas Saw R/O English, P.S.Akbarnagar, Distt-Bhagalpur .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 21-03-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks bail in connection with a case instituted for the offence punishable under [STATUTE] . It is submitted that though the alleged occurrence is said to have taken place in the night intervening 23-24.7.2011 but the first information report was instituted on 30.7.2011. There is no reasonable explanation for the delay in institution of first information report. It is further submitted that the victim has already been recovered and her statement has been recorded under section 164 Cr.P.C. in which she has stated that it was co-accused Fantoosh Sao, brother of the informant who had bodily lifted and abducted her. The contention is that the petitioner has got implicated in the present case simply because he happens to be the brother of Fantoosh Sao. The petitioner is in custody since 29.11.2011. Chargesheet has already been submitted in the case. Be that as it may, considering the facts and Patna High Court Cr.Misc. No.12218 of 2012 (2) dt.21-03-2012 circumstances 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 Chief Judicial Magistrate, Lakhisarai in connection with Piri Bazar P.S.Case No.52 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 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.