Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4112 of 2012 ====================================================== Mithilesh Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 16-03-2012 Heard learned counsels for the petitioner and the State. The petitioner is languishing in jail since 15.11.201 in a case registered for the offences punishable under [STATUTE] . The accusation is of kidnapping the minor sister of the informant on 14.08.2010. It is submitted by learned counsel for the petitioner that on 28.10.2010, the victim returned home of her own when she filed a petition before the Women Help Line, Saran, that she was being taken by the petitioner and kicked out on 29.10.2010 and refused to marry when the petitioner was noticed on 08.11.2010 thereafter the victim got her statement recorded in the present case on 03.12.2010 raising accusation of kidnapping and establishing forceful physical relationship. It is further submitted that the medical opinion of the victim girl does not suggest the accusation Patna High Court Cr.Misc. No.4112 of 2012 (3) dt.16-03-201 2/ 22 under [STATUTE] . Considering the inconsistencies in the conduct of the victim, let the above named petitioner, be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chapra in connection with Jalalpur P.S. Case No. 83 of 2010. 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.