Case Facts:
Patna High Court Cr.Misc. No.48830 of 2012 (2) dt.17-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.48830 of 2012 ====================================================== Nasim Mian Son of Sk. Gulshed Mian, resident of village Senwarea, P.S. Inarwa, District West Champaran .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. B.K. Pandey, Advocate For the Opposite Party/s : Mr. Sanjay Kr. Tiwary, A.p.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2 17-12-2012 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under [STATUTE] . Considering that the alleged victim did not allege sexual assault upon herself by the Petitioner and that the Petitioner has remained in custody since 5.4.2012 and has no criminal antecedents, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Adhoc Additional Sessions Judge, Bettiah, West Champaran in connection with Sessions Trial No.578 of 2012 arising out of Bhangaha P.S. Case No.14 of 2012, subject to the conditions (i) That one of the bailor shall be Shaimul Ansari, maternal uncle (Mausa) of the Petitioner and the other bailor will be a close Patna High Court Cr.Misc. No.48830 of 2012 (2) dt.17-12-2012 relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail, (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) 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, (v) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/- (Anjana Prakash, 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.