Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.523 of 2012 Sant Adotayanand Baba @ Sri Ram Pathak son of Sri Shyamjee Pathak, resident of village- Nainijor Mahuar, P.S.-Sahpur. Dist.-Buxar. Versus The State Of Bihar --------- 2. 6.1.2012. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is in custody in connection with a case registered for the offence under [STATUTE] . It is contended that initially a complaint case was filed which was referred to the police for institution of first information report. In course of investigation the victim Rupam Kumari is said to have appeared before the police and made her statement under section 161 of the Code of Criminal Procedure exonerating the accused persons from the charges made in the first information report. Subsequently, she was sponsored by the police for her examination under section 164 Cr.P.C. Her statement under section 164 Cr.P.C. was recorded in which she has disclosed her age as 19 years. The Magistrate who recorded her statement also assessed her age to be 19 years. She has stated that on 13.5.2011 the informant of the present case ousted her and her mother from the house in order to capture their share of property. She married co-accused Nitish Kumar with the consent of her mother out of her own sweet will. She was never abducted by any one. Considering the facts and circumstances of the case, 2 the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, West Muzaffarpur in connection with Karza P.S. Case No.129 of 2011. Md.S. ( Ashwani Kumar Singh, J.)

Applicable IPC Section: 380

Statute Text:
Section 380 of the Indian Penal Code. Theft in a building, tent or vessel. Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.