Case Facts:
Patna High Court Cr.Misc. No.36680 of 2012 (2) dt.20-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36680 of 2012 ====================================================== Ganesh Kumar,s/o. Ramjee Prasad, R/o. Navratanpur, P.S.Kankarbagh, District Patna. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gajanan Mishra, For the Opposite Party/s : Mr. J.K.Singh No.1,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 2 20-09-2012 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is in custody since 8.6.2012 in connection with Kankarbagh P.S.Case No. 227 of 2012 for the alleged offences under [STATUTE] . 3. According to the FIR four persons including the petitioner had been named in connection with the alleged offence. It has been stated by the informant that his son Dhannu Rai who went with the accused persons did not return, but later found dead. 4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated and except he being named in the FIR there is no specific allegation against him whatsoever. Moreover, the averments made in the FIR relate to co-accused Pramod Yadav and not the petitioner. He invites attention to a sanha registered on immediate prior date where the informant without naming any of the accused persons stated that his son had been left home without informing anyone. 5. Considering the above facts and particularly the sanha which does not named the petitioner, let the above petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten Patna High Court Cr.Misc. No.36680 of 2012 (2) dt.20-09-2012 thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in Kankarbagh P.S. Case No. 227 of 2012 on the following conditions - (i) That the petitioner will not indulge himself in any similar other offence. (ii) One of the bailors must be the close relative of the petitioner. (iii) The petitioner will be well represented on each and every date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled by the Court concerned. Chandran (Vikash Jain, J)

Applicable IPC Section: 364

Statute Text:
Section 364 of the Indian Penal Code. Kidnapping or abducting in order to murder. Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.