Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30528 of 2012 ====================================================== Madhav Dubey .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 05-11-2012 Petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that on 25.07.2010 the informant was informant by his brother that he has been kidnapped when demand of ransom of Rs. 1,00,000/- was made for the release when the First Information Report was lodged against unknown. During course of investigation one co-accused named the petitioner as one of the persons conspired in the kidnapping. It is submitted by learned counsel for the petitioner that the victim of his own returned when his 164 Cr.P.C. statement was recorded when he has not named the petitioner and has admitted that after two days the accused persons released the victim. The photocopy of the certified copy Patna High Court Cr.Misc. No.30528 of 2012 (2) dt.05-11-2012 2 / 2 2 of the 164 Cr.P.C. statement of the victim has been produced, let it be kept on record. Since victim has not named the petitioner, it is a fit case for consideration of regular bail, if the petitioner surrenders within a period of eight weeks in connection with Sasaram P.S. Case No. 641 of 2010, pending in the Court of learned Chief Judicial Magistrate, Rohtas at Sasaram. With the observations above, the application stands disposed off. Let the order of this Court be transmitted through FAX to the learned Court below at the cost of the petitioner. Shageer/- (Dinesh Kumar Singh, 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.