Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20193 of 2012 ====================================================== 1. Mamta Devi 2. Ranjit Yadav. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 22-06-2012 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in connection with Madhepura P.S. Case No. 266 of 2011 registered for the offences punishable under [STATUTE] pending in the court of learned Judicial Magistrate, Madhepura. The accusation is of kidnapping the minor daughter of the informant. The petitioner was not named in the FIR, subsequently his name sprang in 164 Cr.P.C. statement of the victim where it is alleged one Amlesh gave some intoxicant in toffee to the victim when the victim was carried to petitioners’ house as petitioner no.2 happens to be the brother-in-law (sala) of Amlesh and from there all of them accompanied her to temple where Amlesh got married with the victim forcefully and established forceful physical relationship. It is submitted by learned counsel for the petitioners that Patna High Court Cr.Misc. No.20193 of 2012 (2) dt.22-06-2012 2/2 the medical board assessed the age of the victim between 16-17 years and other accused Amlesh Kumar has been granted regular bail by this Court vide Cr. Misc. No. 4917 of 2012. I see no reason for the learned court below not to give the same privilege to the petitioners if the petitioners surrender within a period of six weeks. With the above observation, this application is, accordingly disposed off. Let the order be transmitted to the learned court below through fax at the cost of the petitioners. 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.