Case Facts:
Patna High Court Cr.Misc. No.30720 of 2012 (2) dt.14-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30720 of 2012 ====================================================== Uchit Yadav, son of Khiru Yadav, resident of Village- Kariba Pathar, P.S. Laxmipur, District- Jamui. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 14-08-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with Sessions Trial No. 122 of 2012, Tr. No. 43 of 2012 arising out of Laxmipur P.S. Case No. 14 of 2000, registered under [STATUTE] . There is allegation that son of the informant went along with this petitioner on 24. 01. 2000. He was seen along with Gurmi Yadav, Shyamdeo Yadav, Prem Yadav and Shaligram Yadav going towards east. The dead body of the son of the informant was recovered on 29. 01. 2000, then F.I.R. was lodged. Learned counsel for the petitioner submits that there is no eye witness to the occurrence and only material against the petitioner he was last seen with the victim and motive for alleged occurrence is that Bhagirath, son of the informant eloped with one Patna High Court Cr.Misc. No.30720 of 2012 (2) dt.14-08-2012 Susma Kumari, in this connection Bhagirath has been remanded in this case and after his release the accused persons threatened him. It is further submitted that police after investigation submitted Final Form against accused persons but cognizance has been taken. Hence the case hinges on circumstantial evidence. Having regard to the facts and circumstances of the case, the above named petitioner is directed to 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 A.D.J. 1st, Jamui, in connection with Sessions Trial No. 122 of 2012, Tr. No. 43 of 2012 arising out of Laxmipur P.S. Case No. 14 of 2000. m.p. (Gopal Prasad, 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.