Case Facts:
Patna High Court Cr.Misc. No.48556 of 2012 (2) dt.10-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.48556 of 2012 ====================================================== Radheshyam Chaudhary .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Nandan Sahay, Advocate For the State : Mr. Amit Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 10-12-2012 Heard Mr. Ajay Nandan Sahay, learned counsel for the petitioner and Mr. Amit Pd. Singh, learned Additional Public Prosecutor for the State. The petitioner is in custody since 2.8.2012 in connection with Mohania P.S. case No. 249 of 2012, registered for the offences under [STATUTE] which was instituted against unknown persons. The name of the petitioner finds place during the course of investigation on the basis of the confessional statement of one Hare Ram Mallah. Learned counsel for the petitioner submits that there is absolutely no material other than the confessional statement of the said co-accused in order to connect him with the present case. Referring to the statement made in paragraph 10 of this application, he submits that even in the confessional statement of Patna High Court Cr.Misc. No.48556 of 2012 (2) dt.10-12-2012 said Hare Ram Mallah the allegation is that he had a talk on mobile with the said accused. He submits that such material is not sufficient to connect the petitioner with crime. Learned Counsel for the petitioner has drawn my attention to the order dated 9.11.2012 passed in Cr. Misc. No. 37804 of 2012 and Cr. Misc. No. 39115 of 2012 to contend that similarly situated persons who have been made accused on the basis of the confessional statement of other co-accused persons have been granted bail by this Court. In view of the facts and circumstances of the case and particularly in view of the order dated 9.11.2012 passed by this Court in Cr. Misc. No. 37804 of 2012 and Cr. Misc. No. 39115 of 2012, let the petitioner Radheshyam Chaudhary be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhabua at Kaimur in connection with Mohania P.S. case No. 249 of 2012. Arun Kumar/- (Chakradhari Sharan 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.