Case Facts:
Patna High Court Cr.Misc. No.6885 of 2012 (3) dt.20-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6885 of 2012 ====================================================== 1. Rajesh Singh @ Vishwanath Srivastav @ Rajesh Vishwanath Srivastav S/O Chandramani Singh @ Ram Dulare .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 20-04-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 07.02.2009 in a case registered under [STATUTE] . Earlier the prayer for bail of the petitioner was rejected by this Court vide order dated 21.07.2011 passed in Cr. Misc. No. 12733 of 2011 with direction to the trial court to expedite the trial of the petitioner but the learned Additional Sessions Judge-VI, Patna has reported that charges were framed on 17.08.2010 and only three prosecution witnesses have been examined so far and to procure the attendance of remaining prosecution witnesses, letter as well as reminder to Senior Superintendent of Police, Patna along with list of prosecution witnesses have already been sent but neither witnesses turned up nor any reply was received to the trial court. Considering the aforesaid facts and circumstances as Patna High Court Cr.Misc. No.6885 of 2012 (3) dt.20-04-2012 well as submissions of the parties, the prayer for bail of the petitioner in connection with Sessions Trial No. 547 of 2010 arising out of Patliputra P.S. Case No. 26 of 2009 pending in the court of Additional Sessions Judge-VI, Patna is, hereby, again rejected with direction to the learned trial court to conclude the trial of the petitioner within six months from the date of receipt of this order and furthermore, Senior Superintendent of Police, Patna is directed to procure the attendance of remaining prosecution witnesses of Sessions Trial No. 547 of 2010 arising out of Patliputra P.S. Case No. 26 of 2009 within three months from the date of receipt of this order and produce the same before the learned trial court on the date as fixed by the learned trial court. It is made clear that if the trial of the petitioner is not concluded within the above stated period on account of laches of the prosecution, the learned trial court shall release the petitioner on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned trial court itself. Let a copy of this order be sent to Senior Superintendent of Police, Patna for needful. SHAHZAD/- (Hemant Kumar Srivastava, J)

Applicable IPC Section: 364A

Statute Text:
Section 364A of the Indian Penal Code. Kidnapping for ransom, etc. Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or any foreign State or international inter-governmental organisation or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death or imprisonment for life, and shall also be liable to fine.