Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38361 of 2011 ====================================================== Bagesh Yadav, son of Late Devi Dayal Yadav, resident of village- Khush Dihra, P.S.-Mehandiya,District-Arwal. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vindhyachal Singh, Advocate with Mr. Umesh Kumar, Advocate For the Opposite Party/s : Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 08-02-2012 Heard the parties. The petitioner is in custody in connection with Mehandiya P.S. Case No.48 of 2011 for the offences punishable under [STATUTE] . The petitioner has been apprehended in the process of kidnapping the minor son of the informant and was recovered from the jeep being driven by this petitioner. Learned counsel for the petitioner submits that in absence of any motive being attached for the alleged act the offence alleged becomes a bailable offence. He further submits that during the course of investigation no material has been gathered attributing a motive for the alleged occurrence. It is further submitted that the petitioner has a clean antecedent. Having heard learned counsel for the parties and Patna High Court Cr.Misc. No.38361 of 2011 (3) dt.08-02-2012 2 having perused the materials on record, this Court does not at this stage feels convinced for allowing the prayer of the petitioner, who may renew his prayer after framing of charge. This application is dismissed. SKPathak/- (Jyoti Saran, 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.