Case Facts:
Patna High Court Cr.Misc. No.38036 of 2011 (3) dt.19-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38036 of 2011 ====================================================== Shyam Kumar Gupta S/O Bali Ram Gupta @ Bali Ram Sao, Resident of Village - Amara,P.S.-Koach, District- Gaya. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Advocate For the Opposite Party/s : Mr. S.K. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 3. 19.01.2012. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Koach P.S.Case No.68 of 2011 for the offences punishable under [STATUTE] and the provisions of Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989. The allegation against the petitioner is of elopement with the daughter of the informant. Learned counsel for the petitioner submits that admittedly the daughter of the informant was a married lady and staying with her sister. It is further submitted that although Patna High Court Cr.Misc. No.38036 of 2011 (3) dt.19-01-2012 the petitioner and the daughter of the informant were seen together on 12.6.2011 but after protest being made by the locals, they went away. It is stated that during the course of investigation, it has transpired that the lady in question had run away from the house of her sister. Considering the circumstances and submissions of learned counsel, let the petitioner, Shyam Kumar Gupta be released on bail on furnishing bail bond of Rs.10,00/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in connection with Koach P.S.Case No.68 of 2011. ahk (Jyoti Saran, J.)

Applicable IPC Section: 498

Statute Text:
Section 498 of the Indian Penal Code. Enticing or taking away or detaining with a criminal intent a married woman. Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.