Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41719 of 2011 Tarun Rai Versus The State Of Bihar 03/ 27.01.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 7.11.2011 in a case registered under [STATUTE] . The informant claimed himself to be eye witness of the alleged occurrence and specifically stated that the petitioner as well as other FIR named accused persons and three unknown persons kidnapped his son on account of previous enmity but admittedly, victim was recovered and his statement under section 164 Cr.P.C was recorded and the victim had nowhere stated about involvement of the petitioner in his kidnapping rather he stated that he was brought to Patna and he was released by his kidnappers on 8.6.2011. Although, in course of investigation some witnesses have claimed to have identified the petitioner committing the alleged crime and the petitioner carries criminal history of some cases which is evident from para 131 of the case diary but taking into consideration the statement of the victim, let the petitioner, Tarun Rai, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge XI, Saran at Chapra in Sessions trial no. 731/2011 arising out of Dariyapur P.S. Case no. 104/2011. Shahid Hassan (Hemant Kumar Srivastava,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.