Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20371 of 2012 ====================================================== Sita Bhuiyan S/O Late Ram Prasad Bhuiyan, Resident Of Village- Durapar, P.S.- Dhibra, District- Aurangabad (Bihar). .... .... Petitioner Versus 1. The State Of Bihar .... .... Opposite Party ====================================================== PRESENT: HONOURABLE MR. JUSTICE S.N. HUSSAIN ORDER 2. 05-06-2012. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is an accused in Deo P.S. Case No.60 of 2007 for offences punishable under [STATUTE] and Section 17 of the C.L.A. Act. The allegation is that the extremists had taken away the Choukidar and a villager forcibly to the forest on the ground that they were spy of the police. It is alleged that the Officer-in- Charge of the Police Station searched them in the forest but they could not found them and the villagers were not in a position to disclose the details of the said extremists. However, the Choukidar and the villager returned on the next day but in their statements before the police, they did not take the name of the petitioner. Learned counsel for the petitioner submits that the Patna High Court Cr.Misc. No.20371 of 2012 (2) dt.05-06-2012 2 petitioner is a law abiding citizen having no criminal antecedent but he has been implicated falsely as a member of the extremists group and the court below has assumed without any basis that there is apprehension of serious occurrence. In the aforesaid facts and circumstances of the case, this petition is allowed. Let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Aurangabad in connection with Deo P.S. Case No.60 of 2007. ahk/- (S.N. Hussain, 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.