Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44578 of 2011 ====================================================== Dev Nandan Yadav Son of Sri Baleshwar Yadav, Resident of Village - Ghughri, P.S. - Moharnpur (Barachatti), District - Gaya. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 12-03-2012 Heard learned counsel for the parties. The petitioner is in custody in connection with Barachatti (Mohanpur) P.S. Case No. 218 of 2010 (Sessions Trial No.26 of 2011) for the offences punishable under [STATUTE] . Learned counsel for the petitioner with reference to the allegation made in the F.I.R. submits that although the name of this petitioner also finds mention in the fard beyan, the charge of throwing the two boys namely, Vikash Kumar son of Suresh Yadav, Nitish Kumar son of Sukhdeo Yadav the informant is directed against the co-accused Satyendra Yadav @ Jhakhra. It is with reference to the statement made by the surviving victim boy namely, Vikash Kumar submitted that the said victim boy has specifically named the other co-accused Satendra Yadav @ Jhakhra of throwing him along with the other boy Nitish Kumar in the well. Learned counsel submits that in these circumstances the petitioner having a clean antecedent has been in custody since 22.10.2010. Regard being had to the submissions of learned counsel, let the Patna High Court Cr.Misc. No.44578 of 2011 (3) dt.12-03-2012 2 petitioner namely, Dev Nandan Yadav be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Gaya in connection with Barachatti (Mohanpur) P.S. Case No. 218 of 2010 subject to the condition that the petitioner shall ensure his representation before the Court below on each and every date fixed in the case and 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 the bail bond of the petitioner and to take him into custody. Bibhash (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.