Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 48071 of 2012 ====================================================== Kishoree Sah, son of Vishnu Sah, resident of Vill. Indra Nagar Jogbani, P.S. Jogbani, Distt. Arariya. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 18-12-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is in custody in connection with Jogbani P.S. Case No. 59 of 2012 registered for offence punishable under [STATUTE] . Learned counsel for the petitioner submits that though the allegation is of kidnapping of two girls by Pankaj Sah and Faiyaj, the petitioner not having been named in the F.I.R. It is submitted that only on the confessional statement of another co- accused namely, Ashok Yadav, the petitioner has been implicated in the present case. Learned counsel submits that the said Ashok Yadav has been granted bail by a co-ordinate Bench of this Court on 21.11.2012 in Cr. Misc. No. 45273 of 2012. A web copy of the order has been produced. Let the same be kept on record. Learned Patna High Court Cr.Misc. No.48071 of 2012 (2) dt.18-12-2012 2 counsel has also produced a web copy of order dated 12.12.2012 in Cr. Misc. No. 44062 of 2012 by which another co-accused namely, Md. Israfil, who has also been implicated on the confessional statement of Ashok Yadav, has been granted bail by a co-ordinate Bench of this Court. Let the same be also kept on record. It is submitted that the petitioner is in custody since 05.09.2012 and has no criminal antecedent. Learned A.P.P. for the State opposes the prayer for bail and submits that the co-accused in his confessional statement has taken the name of the petitioner to be party to the crime and thus he does not deserve to be released on bail. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, let the abovenamed petitioner be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Arariya in G.R. No. 1935 of 2012 arising out of Jogbani P.S. Case No. 59 of 2012. Anjani/- (Ahsanuddin Amanullah, 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.