Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43688 of 2010 Sunil Yadav Versus The State Of Bihar ----------- For the petitioner: Mr Grish Pd. Gupta, Advocate For the State: Mr Murli Dhar, A.P.P. ----- 06/ 03.01.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 20.5.2010 in a case registered under [STATUTE] and 5 of the Child Marriage Act. Allegedly, petitioner kidnapped the informant and not only committed rape on her but also tried to forcibly solemnize his marriage with the informant. Learned counsel for the petitioner submits that victim was major at the time of alleged occurrence and she left her home voluntarily because she was in love with the petitioner and when petitioner and the victim went to temple with a view to solemnize their marriage, they were caught by the police and after that under the influence of the police and her parents, informant lodged this case. Although the victim is said to be 16 years at the time of alleged occurrence but considering the aforesaid facts and circumstances as well as submissions of the parties coupled with detention of the petitioner in jail custody, let the petitioner, Sunil Yadav, 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 Addl. Sessions Judge FTC No. 3, Madhepura in Sessions Trial no. - 2 - 116/2010 arising out of Singheshwar P.S. Case no. 39/2010. shahid (Hemant Kumar Srivastava,J)

Applicable IPC Section: 363

Statute Text:
Section 363 of the Indian Penal Code. Kidnapping. Whoever kidnaps any person from India or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.