Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18420 of 2012 ====================================================== Rambabu Raut .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 27-06-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that the informant’s son was taken to Delhi by the petitioner on 03.03.199 as domestic help but for sometime money was send to the informant and thereafter he stopped sending money when the informant came to know that her son went missing since 2000. It is submitted by learned counsel for the petitioner that even assuming the accusation no case under [STATUTE] is made out and the cognizance has been on 22.09.2009. This Court is not inclined to interfere only because the case was instituted in 2004, but since the Patna High Court Cr.Misc. No.18420 of 2012 (2) dt.27-06-2012 2/2 cognizance has been taken on 22.09.2009 it is a fit case for consideration of regular bail if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Bajpatii P.S. Case No. 28 of 2004 pending in the court of learned Judicial Magistrate, Ist Class, Pupri at Sitamarhi. With the aforesaid observation, this application is disposed of. Let the order be transmitted to the learned court below through fax at the cost of the petitioner. DKS/ (Dinesh Kumar Singh, J.) . .

Applicable IPC Section: 363A

Statute Text:
Section 363A of the Indian Penal Code. Kidnapping or obtaining the custody of a minor in order that such minor may be employed or used for purposes of begging. Whoever kidnaps any minor or, not being the lawful guardian of a minor, obtains the custody of the minor, in order that such minor may be employed or used for the purposes of begging shall be punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Whoever maims any minor in order that such minor may be employed or used for the purposes of begging shall be punishable with imprisonment for life, and shall also be liable to fine. Where any person, not being the lawful guardian of a minor, employs or uses such minor for the purposes of begging, it shall be presumed, unless the contrary is proved, that he kidnapped or otherwise obtained the custody of that minor in order that the minor might be employed or used for the purposes of begging. In this section "begging" means: soliciting or receiving alms in a public place, whether under the pretence of singing, dancing, fortunetelling, performing tricks or selling articles or otherwise; entering on any private premises for the purpose of soliciting or receiving alms; exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal; using a minor as an exhibit for the purpose of soliciting or receiving alms; "minor" means: in the case of a male, a person under sixteen years of age; and in the case of a female, a person under eighteen years of age.