Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28890 of 2011 Sanjay Yadav son of Yogendra Yadav, resident of village Malodha, Police Station Basnahi District-Saharsa Versus The State Of Bihar ---------------------------------- 3 02.01.2012 Heard learned counsel for the parties. The petitioner is in custody in connection with Basnahi P.S. Case No. 33 of 2010 for the offences punishable under [STATUTE] . The petitioner has been charged by the informant who is the father of the victim boy of being a party to the kidnapping and murder of his son. It is the case of the informant that this petitioner who exercises his might in the area, asked for motorcycle from the informant to go to the city. It is further the case that at the same time his son the victim boy Manoj Yadav had also gone to the city on separate vehicle for preparation of the bank draft and whereafter he became traceless. Although the motorcycle of the victim boy was subsequently recovered but neither the boy nor his dead body has yet been recovered. The involvement of the petitioner in the present case has been on the basis of having been last seen with the victim boy. Learned counsel for the petitioner submits that the involvement of the petitioner has been made on the basis of the circumstantial evidence. It is stated that whereas the petitioner has remained in custody since 13.08.2010, some similarly situated accused persons like Hare Ram Yadav, Muso Yadav, Dharmendra Yadav, Parmeshwari Yadav and Ranvijay Yadav have been granted bail by this Court. It is submitted that the petitioner except being 2 involved in one other case under the Arms Act, does not have any criminal antecedent. Regard being had to the submissions of learned counsel, let the petitioner namely, Sanjay Yadav be released on bail on furnishing bail bond of the Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sri Mukesh Kumar, Judicial Magistrate, 1st Class, Saharsa in connection with Basnahi P.S. Case No. 33 of 2010 subject to the condition that the petitioner shall be personally present on each and every date fixed in the case and the failure on the part of the petitioner to present himself in the Court below on two consecutive dates fixed without reasonable explanation to the satisfaction of the Court concerned, would entitle the Court below to cancel his bail bond and to take him into custody. Bibhash (Jyoti Saran, 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.