Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32733 of 2012 ====================================================== 1. Chiranjeev Sah @ Chiranjeevi Sah @ Chiranjeev Kumar S/O Gagan Dev Sah Resident Of Village- Balapur, P.S.- Ghorasahan, District- East Champaran .... Petitioner Versus 1. The State Of Bihar .... Opposite Party ====================================================== With Criminal Miscellaneous No.46436 of 2012 ====================================================== 1. Manjesh Kumar Singh @ Manjesh Kumar S/O Ravindra Singh R/O Village - Balapur, P.S. Ghorasahan, District - East Champaran .... Petitioner Versus 1. The State Of Bihar .... Opposite Party ====================================================== With Criminal Miscellaneous No.35652 of 2012 ====================================================== 1. Pradeep Kumar Son Of Raja Prasad R/O Village - Balapur, P.S - Ghorasahan, Dist.- East Champaran .... Petitioner Versus 1. The State Of Bihar .... Opposite Party ====================================================== With Criminal Miscellaneous No.36087 of 2012 ====================================================== Ram Pravesh Sah, son of Shubhnarain Sah, village Balapur, P.S. Ghorasahan, East Champaran .... Petitioner Versus The State Of Bihar .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 5 06-12-2012 Heard the learned counsel for the petitioners, the informant and the State. All the four bail applications have been heard together and re being disposed off by this common order. This is a petition for grant of regular bail for offence under [STATUTE] . The prosecution case alleged in the first information report by Mahendra Sah, the uncle of the victim, is that the victim was called by Kanjesh Kumar Singh and when the victim, Vikas Kumar, went to the poultry farm of Manjesh Kumar Singh did not return and, thereafter, it is alleged that a demand of rupees twenty lakhs was raised from a mobile. Patna High Court Cr.Misc. No.32733 of 2012 (5) dt.06-12-2012 2/3 The learned counsels for the petitioners, however, contend that the only material against the petitioners is the statement of the victim under Section 164 of the Criminal Procedure Code. It has, further, been contended that the victim was said to have been released and, then, he came out and informed his father on telephone, his father came and informed the police. However, in the statement under Section 164 of the Criminal Procedure Code, the victim has stated that the four persons went whim him and met with jija of Manjesh Kumar Singh and unknown persons pressed his mouth and tied his hand by iron chain. The learned counsels for the petitioners, Chiranjeev Sah @ Chiranjeevi Sah @ Chiranjeev Kumar, Pradeep Kumar and Ram Pravesh Sah stated that there is no specific allegation against them and Manjesh Kumar Singh told that the person, who tied the hand of the victim, is his jija. So far the implication of the petitioners is concerned, except the statement of the victim under Section 164 of the Criminal Procedure Code, there is no other evidence and the date of occurrence alleged to have been 30.03.2012 and the father of the victim informed the police on 06.04.2012. From the perusal of the case diary it is apparent that there is no give and take of any amount and four petitioners have no criminal antecedent through they are in jail since 06.04.2012, 19.04.2012 and 23.05.2012 respectively. Hence, having regard to the facts and circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Ghorasahan P.S. Case No. 50 of 2012 to the satisfaction of the Subdivisional Judicial Magistrate, Sikrahana, Motihari, East Champaran. Subject to the condition that the petitioners shall appear in Court on each and every date, fixed in the case and any absence, on two consecutive dates, without any Patna High Court Cr.Misc. No.32733 of 2012 (5) dt.06-12-2012 3/3 reasonable ground to the satisfaction of the Court below, shall be a ground of cancellation of bail of the petitioners by the lower Court itself. SA/- (Gopal Prasad, J)

Applicable IPC Section: 364A

Statute Text:
Section 364A of the Indian Penal Code. Kidnapping for ransom, etc. Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or any foreign State or international inter-governmental organisation or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death or imprisonment for life, and shall also be liable to fine.