Case Facts:
Patna High Court Cr.Misc. No.3141 of 2012 (2) dt.31-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3141 of 2012 ====================================================== Mohan Rai .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.3926 of 2012 ====================================================== Bidhata Devi .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 2 31-01-2012 Petitioners are apprehending their arrest in a case registered for the offences under [STATUTE] . It is alleged that Mohan Rai and Vishwajeet took the informant’s daughter on pretext of illness of their mother Bidhata Devi. The 164 Cr.P.C. statement of the victim girl reflects that victim was in captivity of aforesaid both the accused persons, though no misbehavior was alleged when she was subsequently released. Considering the fact that specific accusation is against petitioner Mohan Rai, this Court is not inclined to grant anticipatory bail to Mohan Rai. The application for Patna High Court Cr.Misc. No.3141 of 2012 (2) dt.31-01-2012 grant of anticipatory bail of petitioner Mohan Rai stands rejected. However, since specific accusation is not against Bidhata Devi and she is a lady , let the petitioner namely Bidhata Devi, in the event of her arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Dalsingsarai, Samastipur in connection with Dalsingsarai P.S. Case No. 136 of 2010. Shageer/- (Dinesh 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.