Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40805 of 2011 ====================================================== Beyas Koiri S/O Sheetal Mahto R/O Village - Barwat Parsain, P.S. Muffasil Bettiah, District - West Champaran .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 03. 14-02-2012 Heard the parties. The petitioner is in custody in connection with Motihari Town P.S. Case No. 371 of 2004, Trial No. 2582 of 2011 for offence punishable under [STATUTE] and Section 27 of the Arms Act. The allegation as set out in the F.I.R. charges unnamed accused of abduction of the President of the Pratappur Sugar Mill located at Pratappur in the district of Uttar Pradesh. In the process the driver and a person Vishambhar Nath Tiwary who was accompanying the President of the Sugar Mill were done to death. Subsequently, the victim was recovered. The name of the petitioner has transpired during the course of investigation by reason of his antecedent. Learned counsel for the petitioner submits that apart from the fact that the petitioner is an accused in a case of abduction of an Engineer of the National Thermal Power Corporation, there is no other material connecting him to the present case and the petitioner was taken into custody on 23.3.2011. Regard being had to the submission of learned counsel, let the Patna High Court Cr.Misc. No.40805 of 2011 (3) dt.14-02-2012 2 petitioner Beyas Koiri be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Motihari, East Champaran in connection with Motihari Town P.S. Case No. 371 of 2004, Trial No. 2582 of 2011 subject to the following conditions: (i) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates fixed for such purpose and delays the trial in any manner, his bail bonds will be liable to be cancelled for reasons of misuse; and (ii) That the petitioner shall ensure his representation before the court below on each and every date fixed in the case and the failure on the part of the petitioner to ensure his representation on two consecutive dates fixed without reasonable explanation to the satisfaction of the court below, would entitle the court concerned to cancel his bail bonds and to take him into custody. S.Sb/- (Jyoti Saran, 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.