Case Facts:
Patna High Court CR. APP (DB) No.306 of 2012 (5) dt.31-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.306 of 2012 ====================================================== 1. Satyendra Sah S/O Mahanth Sah R/O Vill-Balbhadra Parsa, P.S.Phulwaria, Distt-Gopalganj .... .... Appellant/s Versus 1. The State Of Bihar .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Vikram Deo Singh For the Respondent/s : Mr. S.C.Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA And HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) ------------- 5 31-08-2012 After receipt of lower court records, this appeal has been placed for consideration of bail of the appellant and it has been submitted that the victim boy was recovered on 07.01.2008 from the closed room of Munna Sah and when the police opened the door, then the victim boy Rahul Kumar aged 8-9 was hided behind Munna Sah, Mamta Devi and Parmanand Sah. The appellant was not there. In course of evidence, the case has been developed and it has been claimed that it was the appellant who abducted the victim boy. Further submission is that the informant and the appellant were neighbours and they were well known from before but the witnesses subsequently during trial has deposed that they had identified the appellant while he was lifting the boy. No doubt, the appellant has been convicted twice in Patna High Court CR. APP (DB) No.306 of 2012 (5) dt.31-08-2012 kidnapping of the same person but considering the fact that this appellant was not present when the victim was recovered and he has not been named as person who had lifted the boy and that the victim was recovered at the behest of Kanhaiya Rajbhar who has been admitted to bail on 29.02.2012 in Cr.Appeal (DB) No. 1157 of 2010 wherein it was considered that the case at best should be under [STATUTE] . Considering the facts and circumstances of the case, during pendency of this appeal, the above named appellant shall 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 Sri Binay Kuamr Singh, 3rd Additional Sessions Judge, Gopalganj/his successor in office in Sessions Trial No. 120 of 2010/08 of 2012. Tahir/- (Shyam Kishore Sharma, J) (Amaresh Kumar Lal, J)

Applicable IPC Section: 365

Statute Text:
Section 365 of the Indian Penal Code. Kidnapping or abducting with intent secretly and wrongfully to confine a person. Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.