Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38345 of 2011 ====================================================== Md. Jabed @ Aeena, son of Adbul Samad, resident of Village-Dholi Mohanpur, P.S.-Bakhitorpur, District-Saharsa. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Manbansh, Advocate For the Opposite Party/s : Mr. Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 3 24-01-2012 Heard learned counsel appearing on behalf of the parties. The petitioner is in custody in connection with Bakhtiarpur P.S. Case No.85 of 2011 for the offences punishable under [STATUTE] . The statement of the victim boy Raja Babu recorded under section 164 of the Code of Criminal Procedure specifically names this petitioner of having served with laced tea and then taking him to Khagaria where he was handed over to co-accused Mokhtar who brought him from Khagaria to Patna and subjected him to burn injuries. Learned counsel for the petitioner submits that the petitioner has merely taken the victim boy to Khagaria and that no case much less any case punishable under [STATUTE] is made out against the petitioner. He further submits that the petitioner having a clean antecedent has remained in custody since 24.5.2011. Be that as it may, taking into consideration the statement of the victim boy made under section 164 of the Code of Criminal Patna High Court Cr.Misc. No.38345 of 2011 (3) dt.24-01-2012 2 procedure specifically naming this petitioner of being a party to his abduction I am not inclined to consider the prayer for bail of the petitioner and which is rejected. This application is dismissed. SKPathak/- (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.