Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29191 of 2011 ====================================================== Balister Gore, S/o Sheodat Gore, Vill.-Levari, P.S.Guthani, District.-Siwan .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 05. 15-03-2012 Heard the parties. The petitioner is in custody in connection with Guthani P.S. Case No. 08 of 2008 for offence punishable under [STATUTE] and subsequently Section 364A was added to the set of allegations. The son of the informant was abducted by unknown persons and the ransom demand was made. Subsequently, the victim boy was released and whose statement was recorded under Section 164 of the Code of Criminal Procedure placed at Annexure-2 of the proceedings. The victim boy while identifying one co-accused Krishna Chauhan, has stated that he was abducted by him along with some others in a Marshal vehicle. The said Krishna Chauhan was subsequently identified by the victim boy as recorded in paragraph-111 of the case diary. The name of this petitioner has transpired in the confessional statement of the said Krishna Patna High Court Cr.Misc. No.29191 of 2011 (5) dt.15-03-2012 2 Chauhan recorded in paragraph- 112 of the case diary who while mentioning the name of the occupants of the vehicle including the driver thereof has stated that the vehicle belonged to this petitioner. The occurrence happened on 09.02.2008 and the vehicle was sold on 24.02.2008 to one Achhchhe Lal Sah who also has confirmed the sale recorded in paragraph 127 of the case diary. Learned counsel submits that except for the circumstance that the vehicle belonged to this petitioner and the statement of the co-accused Krishna Chauhan, there is no other material on record and the petitioner since after his arrest has not even been put on T.I. Parade. It is submitted that the petitioner carries a clean antecedent. Regard being had to the circumstances and the submissions of learned counsel, let the petitioner Balister Gore 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, Siwan in connection with Guthani P.S. Case No. 08 of 2008 subject to the following conditions: (i) 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 Patna High Court Cr.Misc. No.29191 of 2011 (5) dt.15-03-2012 3 to do so on two given dates fixed for such purpose and delays the trial in any manner, his bail bonds will be liable to be cancelled for reasons of misuse; and (ii) That the petitioner shall ensure his representation before the court below on each and every date fixed in the case and the failure on the part of the petitioner to ensure his representation on two consecutive dates fixed without reasonable explanation to the satisfaction of the court below, would entitle the court concerned to cancel his bail bonds and to take him into custody. S.Sb/- (Jyoti Saran, J)

Applicable IPC Section: 346

Statute Text:
Section 346 of the Indian Penal Code. Wrongful confinement in secret. Whoever wrongfully confines any person in such manner as to indicate an intention that the confinement of such person may not be known to any person interested in the person so confined, or to any public servant, or that the place of such confinement may not be known to or discovered by any such person or public servant as hereinbefore mentioned, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any other punishment to which he may be liable for such wrongful confinement.