Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.46365 of 2012 ====================================================== Guddu Chaudhary, son of late Ram Swarup Chaudhary, resident of Village Alipur, P.S. Buniyadganj, District gaya .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Madhusudan Kumar, Advocate For the Opposite Party/s : Mr. Chaubey Jawahar, Addl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 2 18-12-2012 Heard. In a criminal prosecution, registered under [STATUTE] , in which subsequently offence under [STATUTE] was also added, the petitioner is not named in the F.I.R. as an accused. Learned counsel appearing on behalf of the petitioner submits that during the course of investigation, on the basis of the statement of a co-accused the petitioner has also been made an accused in the present case. He also submits that even in course of investigation, specific role has not been assigned against the petitioner for commission of the crime in question. The petitioner is said to be in judicial custody since 9.8.2012. Be that as it may, in the facts and circumstances, the prayer for bail is allowed. The above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 25,000/- Patna High Court Cr.Misc. No.46365 of 2012 (2) dt.18-12-2012 2 / 2 2 (twenty five thousand) with two sureties of the like amount each in connection with Buniyadganj P.S.Case No.89 of 2012 to the satisfaction of the learned Chief Judicial Magistrate, Gaya, subject to the conditions that :- (a) That one of the bailors must be a government servant or close family member or relation of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (b) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned; (c) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every date, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. Kanth/- (Birendra Prasad Verma, 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.