Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44799 of 2012 ====================================================== 1. Kishan Sahni son of Late Nandlal Sahni 2. Veena Devi wife of Rajkumar Sahni, both resident of village Ramjan Nagar, P.S. Chak Maishi, District Samastipur. 3. Nirmal Devi wife of Devendra Sahni, resident of village Lohrakha, P.S. Piar (Hathha O.P.) Distt. Muzaffarpur. .... .... 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 NAVANITI PRASAD SINGH ORAL ORDER 2 17-12-2012 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners have filed this application apprehending their arrest in relation to Pear P.S. Case No. 92/2012, registered [STATUTE] mits that dispute between the parties has been compromised inasmuch as the alleged victim girl namely, Putul Kumari has been married to the petitioner no.1 Kishan Sahni by her parents now. There were certain misunderstanding earlier. A compromise petition in support thereof has been filed along with photographs and the Patna High Court Cr.Misc. No.44799 of 2012 (2) dt.17-12-2012 2 / 2 2 compromise petition between the informant Putul Kumari and others have been annexed with reference to statement of the victim girl recorded under section 164 Cr.P.C. It is submitted that the statement itself discloses that the victim girl was taken away for marriage without there being any assault or any physical relationship. Be that as it may, in the facts and circumstances of the case, I direct that the Trial Court may issue notice to the parties and verify the fact of marriage and compromise. If the aforesaid matter is confirmed then, in the event of their arrest or surrender in the Court below within a period of four weeks from today, the petitioners shall be enlarged on bail each of them on furnishing bail bonds of Rs.10, 000/- with two sureties of the like amount each to the satisfaction of the C.J.M., Muzaffarpur in connection with Pear P.S. Case No. 92/2012.To effectuate this enquiry, the petitioners shall not be arrested in this case. Sudha/- (Navaniti Prasad Singh, 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.