Case Facts:
Patna High Court Cr.Misc. No.28565 of 2011 (3) dt.02-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28565 of 2011 ====================================================== Raju Rajwar, S/o late Singhasan Rajwar, resident of village-Ramdihra, P.S.- Amjhore, District-Rohtas .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 03. 02-02-2012 Heard the parties. The petitioner is in custody in connection with Rohtas (Amjhore) P.S. Case No. 100 of 2010 for offence punishable under [STATUTE] . The allegation against this petitioner and some others is of abducting the brother of the informant at the instance of co- accused Loha Rajwar with whose daughter it is alleged that the victim brother of the informant was having a relationship and which was being objected to by the said Loha Rajwar. Learned counsel for the petitioner, with reference to the F.I.R. submits that the victim brother of the informant has himself admitted to the informant on mobile that he was going to the home of Loha Rajwar and which fact has also been informed by this petitioner to the informant. Learned counsel Patna High Court Cr.Misc. No.28565 of 2011 (3) dt.02-02-2012 for the petitioner further submits that the petitioner had also informed the informant that the said co-accused Loha Rajwar had caught hold of his brother and had assaulted him reprimanding this petitioner not to speak about the incident. Learned counsel, with reference to an order dated 22.4.2011 passed in Criminal Misc. No. 1471 of 2011 and order dated 5.8.2011 passed in Criminal Misc. No. 25179 of 2011, submits that the persons charged with assaulting the brother of the informant have since been released on bail by this Court. Regard being had to the submission of learned counsel appearing on behalf of the parties and having considered the materials on record, let the petitioner Raju Rajwar be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Rohtas (Amjhore) P.S. Case No. 100 of 2010 subject to the following conditions: (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner; (ii) that the bailor shall state on affidavit that he will Patna High Court Cr.Misc. No.28565 of 2011 (3) dt.02-02-2012 inform the court concerned if the petitioner is implicated in any further case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse; (iii) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse and; (iv) that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. S.Sb/- (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.