Case Facts:
Patna High Court Cr.Misc. No.30449 of 2012 (3) dt.26-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30449 of 2012 ====================================================== Gajendra Thakur .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 26.09.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 15.4.2012 in a case registered under [STATUTE] . There is allegation against the petitioner that he kidnapped the victim and raped with her and the aforesaid fact has been supported by the victim in her statement recorded under section 164 Cr.P.C but learned counsel for the petitioner submits that victim was in love with the petitioner and she had left her home by her own sweet will and moreover, the alleged occurrence took place on 26.1.2012 whereas first information report was lodged on 2.2.2012 and after that statement of the victim was recorded on 16.4.2012. It is further contended by him that when the victim came in possession of her parents, she took ‘U’ turn and made statement against the petitioner. No doubt, victim is said to be minor at the time of alleged occurrence and she made statement against the petitioner but considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Gajendra Thakur, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub Patna High Court Cr.Misc. No.30449 of 2012 (3) dt.26-09-2012 divisional Judicial Magistrate, Birpur in Raghopur P.S. Case no. 18/2012. Shahid (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.