Case Facts:
Patna High Court Cr.Misc. No.16826 of 2012 (2) dt.23-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16826 of 2012 ====================================================== Rama Paswan .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 23-04-2012 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under [STATUTE] . It is contended that [STATUTE] is bailable whereas the allegation under [STATUTE] is not true. The further contention is that the petitioner has become a victim of circumstances. He was known to the informant and his son. He was neither abducting the minor son of the informant nor had any ill intention in that regard. In paragraph-11, it has been stated that the petitioner has got no criminal antecedent and he is in custody since 18.01.2012. Considering the facts and circumstances of the case, the petitioner is directed to be released on bail on his executing a bond with two solvent sureties, each in a sum of Rs. 10,000/- (Ten Thousand only) to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Noorsarai Patna High Court Cr.Misc. No.16826 of 2012 (2) dt.23-04-2012 P.S. Case No.12 of 2012 on the following conditions: (i) That both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how he is related with the petitioner. (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he will immediately inform the court and request that he may be permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this Court. B.Kr./- (Ashwani Kumar Singh, J)

Applicable IPC Section: 365

Statute Text:
Section 365 of the Indian Penal Code. Kidnapping or abducting with intent secretly and wrongfully to confine a person. Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.