Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38361 of 2011 ====================================================== Bagesh Yadav, son of Late Devi Dayal Yadav, resident of village- Khush Dihra, P.S.-Mehandiya,District-Arwal. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vindhyachal Singh, Advocate with Mr. Umesh Kumar, Advocate For the Opposite Party/s : Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 08-02-2012 Heard the parties. The petitioner is in custody in connection with Mehandiya P.S. Case No.48 of 2011 for the offences punishable under [STATUTE] . The petitioner has been apprehended in the process of kidnapping the minor son of the informant and was recovered from the jeep being driven by this petitioner. Learned counsel for the petitioner submits that in absence of any motive being attached for the alleged act the offence alleged becomes a bailable offence. He further submits that during the course of investigation no material has been gathered attributing a motive for the alleged occurrence. It is further submitted that the petitioner has a clean antecedent. Having heard learned counsel for the parties and Patna High Court Cr.Misc. No.38361 of 2011 (3) dt.08-02-2012 2 having perused the materials on record, this Court does not at this stage feels convinced for allowing the prayer of the petitioner, who may renew his prayer after framing of charge. This application is dismissed. SKPathak/- (Jyoti Saran, 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.