Case Facts:
Patna High Court Cr.Misc. No.25571 of 2012 (3) dt.07-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25571 of 2012 ====================================================== Amarjeet Prasad, (brother of Upendra Kumar) son of Krishna Mahto, resident of Village- Ugawa, P.S. Asthama, District- Nalanda. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 07-09-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with Kadam Kuan P.S. Case No. 1016 of 2004, registered under [STATUTE] . It has been alleged by the informant that he learnt from one Narshu Tanti, a staff of cycle repairing shop of Sunil, the son of the informant that one Upendra Kumar along with his brother and 8-10 persons came and take away Sunil, thereafter, he is missing. Learned counsel for the petitioner submits that informant is not eye witness to the occurrence. However in para 9 of the case diary, the staff, Narshu Tanti has stated that on the date of occurrence only Upendra Kumar has came and Sunil went along with him. It is further submitted that in the entire case diary there Patna High Court Cr.Misc. No.25571 of 2012 (3) dt.07-09-2012 is no allegation against the petitioner in complicity of the case. Learned counsel for the State however contends that in para 79 of the case diary it has come that Amarjeet Prasad is brother of Upendra Kumar, but no evidence against the petitioner in complicity of this case. Having regard to the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna, in connection with Kadamkuan P.S. Case No. 1016 of 2004. m.p. (Gopal Prasad, 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.