Case Facts:
Patna High Court Cr.Misc. No.42396 of 2011 (3) dt.27-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42396 of 2011 ====================================================== Ashish Kumar .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ----------- 03/ 27.01.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant. Petitioner is in jail custody since 28.8.2011 in a case registered under [STATUTE] and 3 (i) (x) (v) (xi) of the SC/ST (Prevention of Atrocities) Act. Although, petitioner is named in the first information report along with other co-accused persons with allegation that he as well as his associates kidnapped one Bhola Chaudhary but later on, victim came to his house on the same day. Learned counsel for the petitioner drew my attention towards para 14 of the case diary and submitted that there was some dispute between Bhola Chaudhary and one Prabhat Singh on the point of taking of some money and that is why informant lodged this false case. On the other hand, learned counsel for the informant submits that the petitioner has been arrested from the house of aforesaid Prabhat Singh. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Ashish Kumar, be released on bail on furnishing bail bonds of Rs 10,000/- with two Patna High Court Cr.Misc. No.42396 of 2011 (3) dt.27-01-2012 sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada in Hisua P.S. Case no. 145/2011. shahid (Hemant Kumar Srivastava,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.