Case Facts:
Patna High Court Cr.Misc. No.29219 of 2012 (4) dt.18-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29219 of 2012 ====================================================== Ajit Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 18.12.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 3.9.2011 (wrongly mentioned in the impugned order as 3.9.2012) in a case registered under [STATUTE] . Petitioner is not named in the first information report but in course of investigation, the name of this petitioner came in light. Learned counsel for the petitioner drew my attention towards para 82 of the case diary in which statement of the victim recorded under section 164 Cr.P.C has been incorporated by the Investigating officer. Learned counsel for the petitioner submitted that in the aforesaid statement, victim specifically stated that it was the petitioner who informed father of the victim about his whereabouts. So, the aforesaid facts clearly goes to show that there was no intention of the petitioner to kidnap the victim and moreover, there is no allegation of demand of ransom and petitioner does not have any criminal antecedent which is evident from perusal of report of S.P, Gaya. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Ajit Kumar, be released Patna High Court Cr.Misc. No.29219 of 2012 (4) dt.18-12-2012 on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Sherghatti, Gaya in Amas P.S. Case no. 125/2011. Shahid (Hemant Kumar Srivastava,J)

Applicable IPC Section: 365

Statute Text:
Section 365 of the Indian Penal Code. Kidnapping or abducting with intent secretly and wrongfully to confine a person. Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.