Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7109 of 2012 ====================================================== Prakash Chauhan @ Prakash Kumar Beldar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 05-03-2012 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 23.10.2011 in a case registered under [STATUTE] . It is alleged in the First Information Report that the informant in the night found his daughter and ornaments and other articles missing. It is submitted by learned counsel for the petitioner that it is a love affair case when the victim of her own went in the company of this petitioner and married with the petitioner in the temple which gets reflected from the victim’s 161 Cr. P.C. statement. In 164 Cr. P. C. statement, the victim girl has alleged that on the telephone call of this petitioner, she went out of the house when she was given some intoxicant when misbehaviour is also alleged. Patna High Court Cr.Misc. No.7109 of 2012 (2) dt.05-03-2012 2 / 2 2 It is submitted by learned counsel for the petitioner that 164 Cr. P.C. statement of the victim also reflects that the petitioner has relationship with the victim from before and the accusation of taking of the jwellery and other articles as alleged by the informant further support the contention of the counsel for the petitioner. Though, the education certificate reflects that the victim is the minor but the medical report suggests the age of the victim girl between 18 to 19 years and no sign of recent establishment of physical relationship was pointed out by the doctor. Considering the inconsistencies between the version of the informant and 164 Cr. P.C. as well as 161 Cr. P.C. statements of the victim girl and the fact the investigation is complete, let the above named petitioner be released on bail, on furnishing the bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Bhagwan Bazar P.S. Case No. 140 of 2011. Amrendra/- (Dinesh 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.