Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26014 of 2012 ====================================================== Madan Sharma, Son of Bilash Sharma. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 2 03-08-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, who is languishing in custody, seeks bail in a case registered under [STATUTE] , is one of the named accused in this case with allegation kidnapping the minor daughter of the informant, who on recovery though exonerated the petitioner from the charges levelled against him with some serious allegations against her parents, but still she is minor and medical examination establishes her minority. Of course, in her statement recorded under Section 164 Cr.P.C., she has raised some grievances which may be redressed by keeping her examined by Medical Board at local level and even at State level, if so required, but for the present, I am not inclined to enlarge the petitioner on bail. Accordingly, prayer for regular bail of the above named petitioner, in connection with Barari P.S. Case No. 113/2012, pending in the court of learned Chief Judicial Magistrate, Katihar, is hereby, refused. Further, petitioner is at liberty to renew his prayer before the court below itself after examination of the victim. Praveen-II/- (Akhilesh Chandra, J)

Applicable IPC Section: 358

Statute Text:
Section 358 of the Indian Penal Code. Assault or use of criminal force on grave and sudden provocation. Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.