Case Facts:
Patna High Court Cr.Misc. No.35008 of 2012 (2) dt.04-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35008 of 2012 ====================================================== 1. Sethi Mahato @ Umesh Mahato S/O Khesari Mahato .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 04-10-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 11.11.2011 in a case initially, registered under [STATUTE] but later on, [STATUTE] were also added. There is allegation against the petitioner that he as well as some other accused took the deceased and after that dead body of the deceased was recovered. So even if, the aforesaid material assumed to be true, then also, at best, it is a case of last seen. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Patna High Court Cr.Misc. No.35008 of 2012 (2) dt.04-10-2012 Sharad Chandra Srivastava, Judicial Magistrate, 1st Class, Saran at Chapra in connection with Awatar Nagar P.S. Case No. 97 of 2011. SHAHZAD/- (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.