Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38314 of 2011 ====================================================== 1. Seema Devi @ Prabhawati Devi Wife Of Late Nunulal Yadav, R/o Village Bhikhampur, P.S. Rupau, District Nawadah .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Rina Sinha, Advocate For the Opposite Party/s : Mr. A.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3. 22-02-2012 Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Sessions Trial No.37 of 2011/28 of 2011 arising from Nawada Nagar P.S.Case No.462 of 2010 for offence punishable under [STATUTE] and subsequently [STATUTE] were added to the set of allegation. The allegation against this petitioner is of being a party to the abduction of the younger brother of the informant. The petitioner is not named in the F.I.R rather his name has transpired during the course of investigation. Learned counsel for the petitioner, with reference to the statement of the victim boy recorded in para-35 of the case Patna High Court Cr.Misc. No.38314 of 2011 (3) dt.22-02-2012 2 diary, submits that the only reference of this petitioner is that her mobile was used for the telephonic talk between the victim and co-accused Kanchan Devi and it is in this regard that the name has surfaced during the course of investigation. Learned counsel submits that the petitioner has not been named as one of the abductor of the victim boy. Regard being had to the submissions of learned counsel, let the petitioner Seema Devi alias Prabhawati Devi be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District Judge, F.T.C.No.IV, Nawada in connection with Sessions Trial No.37 of 2011/28 of 2011 arising from Nawada Nagar P.S.Case no.462 of 2010, subject to the condition that the petitioner shall ensure her representation in the trial court on each and every date fixed in the trial and the failure on the part of the petitioner to ensure her representation in the trial court on two consecutive dates fixed in the trial without reasonable explanation to the satisfaction of the trial court, would entitle the court concerned to cancel the bail bond of the petitioner and to take her in to custody. ahk/- (Jyoti Saran, J)

Applicable IPC Section: 364A

Statute Text:
Section 364A of the Indian Penal Code. Kidnapping for ransom, etc. Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or any foreign State or international inter-governmental organisation or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death or imprisonment for life, and shall also be liable to fine.