Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8085 of 2012 ====================================================== Nitish Kumar, S/o Shiv Nandan Prasad, resident of village-Kevadih, P.S.- Noorsarai, District-Nalanda. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 22-02-2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in connection with a case instituted under [STATUTE] . It is contended that the petitioner is neither named in the F.I.R. nor anything specific has come against him in course of investigation. In course of investigation, two witnesses claim to have seen Om Prakash Suman @ Panna Lal Pandey and one Yugal Pandey taking away the child on a motorcycle with an unknown person. Co-accused Om Prakash Suman @ Panna Lal Pandey has already been granted bail by order dated 16.2.2012 passed in Cr. Misc. No. 44007 of 2011. A supplementary affidavit has been filed stating therein that another co-accused Chandan Kumar whose case is identical to that of the petitioner has also been granted bail by order dated 22.2.2012 passed in Cr. Misc. No. 5099 of 2012 by another bench of this Court. The case of Patna High Court Cr.Misc. No.8085 of 2012 (2) dt.22-02-2012 2 / 2 2 the petitioner stands on similar footing to that of co-accused Chandan Kumar and on better footing to that of co-accused Om Prakash Suman @ Panna Lal Pandey. Be that as it may, considering the facts and circumstances of the case, the petitioner is directed to be released on bail on his executing a bond with two solvent sureties, each in a sum of Rs. 10,000/- (Ten Thousand only) to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Noorsarai P.S. Case No. 157 of 2011 on the following conditions: (i) That both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how he is related with the petitioner. (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he will immediately inform the court and request that he may be permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this Court. Sanjeet/- (Ashwani Kumar Singh, J)

Applicable IPC Section: 365

Statute Text:
Section 365 of the Indian Penal Code. Kidnapping or abducting with intent secretly and wrongfully to confine a person. Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.