Case Facts:
Patna High Court Cr.Misc. No.14167 of 2012 (3) dt.28-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14167 of 2012 ====================================================== 1. Shankar Patel (Kalwar) @ Shankar Prasad Gupta S/O Parbhu Patel (Kalwar) @ Parbhu Prasad Gupta Resident Of Mohalla Dharam Samaj Road Motihari Amallapatti, P.S. Town (Motihari), District East Champaran. .... Petitioner Versus 1. The State Of Bihar .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 28-06-2012 Heard the learned counsel for the petitioner and the State. This is a petition for grant of regular bail for offence under [STATUTE] . The only material against the petitioner that he called the victim on telephone and when victim did not respond to his call, this petitioner came and the victim went away along with him and did not return on the same night and is traceless. The petitioner is in jail since 26.11.2011. However, the charge sheet has been against the petitioner, but, the investigation is going on and the victim is still traceless. It has been asserted by the learned counsel for the petitioner that on the same night the victim returned. Hence, having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000 (rupees ten thousand) with two sureties of the like amount each in connection with Town (Motihari) P.S. Case No. 453 of 2011 to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari, subject to the condition that the petitioner shall appear in Court on each and every date, fixed in the case and any absence, on two consecutive dates, without any reasonable ground to the satisfaction of the Court below, shall be a ground of cancellation of bail of the petitioner by the lower Court itself. SA/- (Gopal Prasad, 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.