Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35237 of 2012 ====================================================== Avinash Kumar @ Avinash Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 07-11-2012 Petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that the informant brought his 16 years old daughter, a student of Class VIIth to Patna to his brother in law’s residence, eight months prior to the occurrence for treatment. The brother in law of the informant was the tenant of petitioner Baby Kumari, who was a nurse in Dental College, Patna, when Baby Kumari informed that the daughter of informant has to be operated for which Rs. 14,000/- were paid when Baby Kumari along with Dinesh Singh, Technician of Dental College, brought the informant’s daughter Rina Devi to J.N. Nursing Home when the daughter of the informant gave birth to a child when this petitioner, the head compounder of the said Nursing Home conveyed that the informant’s daughter Patna High Court Cr.Misc. No.35237 of 2012 (2) dt.07-11-2012 2 / 3 2 gave birth to a dead child when the other nurse of J.N. Nursing Home namely Sima Devi and the petitioner did not allow the informant and informant’s brother to meet the daughter of informant and when next day, the daughter of the informant regained consciousness, she disclosed that she gave birth to a live child and the brother in law of informant conveyed that the new born child was taken by this petitioner and Dinesh and some unknown person on an Ambulance and it was further found that the child was being taken by the petitioner, Baby Kumari, Dinesh Singh and the owner of the canteen of Ford Hospital, namely Sandeep Kumar, to the cloth shop of Deoki Nandan Agrawal. It is submitted by learned senior counsel for the petitioner that Deoki Nandan Agrawal admits that child was given to him by Sandeep when there is no eye witness to the effect that this petitioner participated in taking away the child and the investigation against this petitioner is still pending when Sandeep has only been chargesheeted and considering the same, others have been granted anticipatory bail till conclusion of the investigation. Considering the rival submission of the parties, it appears that the whole drama occurred since the illegitimate child born to the minor, let the petitioner namely Avinash Kumar @ Avinash Singh, be released on anticipatory bail, till conclusion of the investigation, in the event of his arrest or Patna High Court Cr.Misc. No.35237 of 2012 (2) dt.07-11-2012 3 / 3 3 surrender before learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Kankarbagh P.S. Case No. 209 of 2012. The bail bonds of the petitioner shall be accepted on filing affidavit that he will cooperate in the investigation. Let the aforesaid affidavit be transmitted to the concerned I.O. by learned Court below. Non-cooperation in the investigation will give liberty to the prosecution to file appropriate application for cancellation of bail of the petitioner. Shageer/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 363

Statute Text:
Section 363 of the Indian Penal Code. Kidnapping. Whoever kidnaps any person from India or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.