Case Facts:
Patna High Court Cr.Misc. No.9789 of 2012 (4) dt.26-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9789 of 2012 ====================================================== 1. Sima Devi W/O Naurangi Sah .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.12672 of 2012 ====================================================== 1. Jamal Khurshid @ Akbar S/O Late Amiruddin .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 4 26-06-2012 Both the above stated petitions arise out of Kishanganj Rail P.S. Case No. 22 of 2011 initially, registered under [STATUTE] and later on, [STATUTE] was also added and accordingly, both the above stated petitions are being disposed of by this common order. Petitioners are named in the first information report and it is alleged that informant as well as one Guriya Kumari left their home to go to Basti to meet her lover and relative, respectively but they met with petitioners and others and after that petitioners and other accused tried to sell the informant and her friend and it is also alleged that petitioner in Cr. Misc. No. 12672 Patna High Court Cr.Misc. No.9789 of 2012 (4) dt.26-06-2012 of 2012 committed rape on the informant’s friend. Learned counsel appearing for the petitioners submits that as a matter of fact informant and her friend are girls of questionable character and they established physical relation by their own consent and that is the reason no case of missing of the informant as well as her friend was lodged by their family members. It is further submitted by him that so far as petitioner in Cr. Misc. No. 9789 of 2012 is concerned, no specific overt-act has been attributed against her and moreover, the informant as well as her friend have not been medically examined and having more or less similar allegation, co-accused Anwar has already been granted privilege of anticipatory bail. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Railway Judicial Magistrate, Katihar in connection with Kishanganj Rail P.S. Case No. 22 of 2011. SHAHZAD/- (Hemant Kumar Srivastava, 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.