Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.187 of 2012 Rajan Ram Versus The State Of Bihar 2. 13.01.2012. Heard learned counsels for the petitioner, informant and the State. The petitioner is languishing in custody since 18.10.2011 in a case registered for the offence under [STATUTE] . The informant’s son went missing on 08.03.2011 when the F.I.R. was lodged on 12.12.2010 on recovery of dead body with accusation that the informant came to know that the F.I.R. named accused including the petitioner were seen lastly going with the deceased. Learned counsel for the informant submits that three witnesses have deposed that the victim was last seen on 08.11.2010 in the company of petitioner and others. When these witnesses saw the victim lastly in the company of the petitioner and others on 08.11.2010 then there was no occasion for not lodging the F.I.R. immediately thereafter or not disclosing this fact in the F.I.R. at least. Considering the suspicious nature of accusation and period under custody, let the petitioner above named 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 learned A.C.J.M. Bagaha, West Champaran, in connection with Balmikinagar P.S. Case No. 87 of 2010. U. K. ( Dinesh Kumar Singh, 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.