Case Facts:
1/3 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41117 of 2012 ====================================================== 1. Manohar Yadav @ Manohar Prasad Yadav 2. Arvind Yadav @ Arvind Prasad. 3. Alok Yadav. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 30-11-2012 Heard learned senior counsel for the petitioners, learned counsels for the informant and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that the informant’s brother went to grinding mill on 16.12.2011 and thereafter he did not return. Subsequently, his bag containing flour, slipper, muffler and other articles were recovered. The First Information Report was registered on 17.12.2011 when the informant claimed that from the villagers he came to know that thirteen F.I.R. named accused persons including the petitioners abducted the brother of the informant. It is submitted by learned senior counsel for the petitioners that the informant neither in the F.I.R. nor in the subsequent statement disclosed the names of the persons who Patna High Court Cr.Misc. No.41117 of 2012 (2) dt.30-11-2012 2/3 disclosed the names of the petitioners to him. On 17.12.2011 several witnesses were examined by the police but they did not name these petitioners. In paragraph no. 62 of the case diary after five months, the wife of the victim and other witnesses in paragraph no. 65 of the case diary claim themselves to be eye witnesses of kidnapping by petitioners and others. Similar statements of other witnesses have been recorded in paragraph nos. 67 and 68 of the case diary. Hence, it is submitted by learned senior counsel for the petitioners that the statements of the wife of the victim and other witnesses have been recorded after five months and had these witnesses seen the occurrence, there was no occasion of not mentioning the same in the F.I.R. It is submitted by learned counsel for the informant that the petitioners are named in the First Information Report when initially Masaurhi P.S. Case No.491 of 2012 was registered on 17.12.2011 but subsequently the same was transferred as Jehanabad Rail (Taregna) P.S. Case No. 09 of 2012 where the F.I.R. was registered on 27.03.2012 as a result of which the statements of the witnesses were belatedly recorded. It is submitted by learned A.P.P. for the State that the victim used to protest against the petitioners offering hospitality to extremists hence the victim was eliminated. A statement has Patna High Court Cr.Misc. No.41117 of 2012 (2) dt.30-11-2012 3/3 been made in paragraph no. 14 of the petition that the petitioners have no criminal antecedent. Considering the suspicious nature of accusation by the informant and delayed naming of petitioners by others, let the petitioners, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Jehanabad Rail (Taregna) P.S. Case No. 09 of 2012 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Patna Junction, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The bail bonds of the petitioners shall be accepted on filing affidavit by the petitioners before the learned court below to the effect that they will regularly co-operate in the investigation. The said affidavit will be transmitted to the I.O., concerned. The non-co-operation of the petitioners in the investigation will give liberty to the prosecution to file an application for cancellation of the bail of the petitioners. Amrendra/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 368

Statute Text:
Section 368 of the Indian Penal Code. Concealing or keeping in confinement a kidnapped person. Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose as that with or for which he conceals or detains such person in confinement.