Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40333 of 2011 ====================================================== 1. Jyoti Singh S/O Jawahar Prasad Singh, Resident of Village- Nakti, P.S.- Belhar, District- Banka. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Satya Prakash Prasar, Advocate For the Opposite Party/s : Mr. S.K. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 09-02-2012 Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Sessions Trial No.219 of 2011 arising out of Laxmipur P.S.Case No.213 of 2010 for offences punishable under [STATUTE] . The charge against the petitioner is of being a party to the kidnapping of the friend of the first informant for the purpose of ransom. Learned counsel for the petitioner submits that the involvement of the petitioner is only on the basis of the confession made by the petitioner. It is submitted that apart from the confessional statement, there is no other material Patna High Court Cr.Misc. No.40333 of 2011 (3) dt.09-02-2012 2 against the petitioner connecting him with the alleged offence. Learned counsel, with reference to the orders passed in Cr.Misc.no.18048 of 2011 dated 27.6.2011, Cr.Misc.no.21165 of 2011 dated 19.7.2011, Cr.Misc.No.42424 of 2011 dated 14.12.2011 and Cr.misc.no.36473 of 2011 dated 15.11.2011, submits that several accused persons whose names had transpired by reason of the confessional statement of a co- accused, have been granted bail by this court. Regard being had to the circumstances, let the petitioner Jyoti Singh be released on bail on furnishing bail bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District and Sessions Judge-cum-F.T.C.No.IV, Jamui in connection with Sessions Trial No.219 of 2011 arising out of Laxmipur P.S.Case No.213 of 2010, subject to the following conditions: (a) The father of the petitioner shall stand as one of the bailor and shall be under a duty to inform the court below in case this petitioner after his release in the present case is found involved in any further criminal case of same nature and whereupon the court concerned shall be at liberty to cancel his bail bond and to take him into custody; Patna High Court Cr.Misc. No.40333 of 2011 (3) dt.09-02-2012 3 (b) the petitioner shall be personally present before the trial court on each and every date fixed in the case and the failure on the part of the petitioner to attend the trial court on two consecutive dates, would entitle the trial court to cancel his bail bonds and to take him into custody. ahk (Jyoti Saran, 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.