Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33391 of 2011 Anjay Giri son of late Vikram Giri resident of village- Parsa Semra, P.S.-Manua Paul, District-West Champaran Versus The State Of Bihar ---------------------------------- 3 03.01.2012 Heard learned counsel for the parties. The petitioner is in custody in connection with Chanpatia P.S. Case No. 259 of 2010 for the offence punishable under [STATUTE] . The only allegation against this petitioner is of having been found sitting at a place where the deceased son of the informant was last seen. It is alleged that this petitioner along with some others named in the F.I.R. were holding a meeting and in which the son of the informant was also present and whereafter he has become traceless. It is in the aforesaid circumstances that the petitioner was arrested and has remained in custody since 16.12.2010. Learned counsel for the petitioner submits that the arrest of the petitioner is on the basis of circumstantial evidence and that there is no allegation of any overt act against the petitioner. Having heard learned counsel for the petitioner and considering the circumstances, let the petitioner namely, Anjay Giri be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Chanpatia P.S. Case No. 259 of 2010 subject to the condition 2 that the petitioner would be personally present on each and every date fixed in the case and failure on the part of the petitioner to present himself on two consecutive dates fixed, would entitled the court below to cancel the bail bond and to take him into custody. Bibhash (Jyoti Saran, 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.