IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34037 of 2008 BINOD KUMAR Versus THE STATE OF BIHAR ----------- 2 05.09.2008 Heard. The bare facts which would be appearing from the facts admitted as also from the facts stated by the victim in statement under Section 164 of the Cr.P.C is that the petitioner was residing at her residence. He asked the lady for excursion and proposed her to accompany him up to his village which the lady did. When the petitioner was at his village home he stated to his parents that he had brought the lady there for marrying her. If one carefully goes with the language of Section 366A of the Indian Penal Code, one could find that inducing a minor girl to go from one place to the other has to be with certain intent. If one considers the meaning of a word “induce” as employed by the legislature that would clearly give an impression that it could be some sort of deception played upon the victim of the offence which could be blended with some sort of intent as indicated by the Section. It does appear that the petitioner could have some intent of marrying a girl but that the petitioner had - 2 - induced or played deception upon her in bringing her to his house at his village does not appear emerging. From the facts of the case it appears that the lady was also accompanying the petitioner voluntarily and that the petitioner was acting out of a youthful exuberance. Let petitioner Binod Kumar be released from custody on furnishing a bail bond of Rs.3,000/- (three thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in Khagaria (Chitragupta Nagar) P.S. Case No. 199/2008. Kundan (Dharnidhar Jha, J.)