Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.173 of 2012 ====================================================== Santosh Kumar, S/O Shankar Pandit, Resident Of Village- Naviganj, P.S.- Bhagwan Bazar, District- Saran .... .... Petitioner Versus The State Of Bihar .... .... Opp. Party ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2 09-02-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. This application is for grant of bail to the petitioner under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000. Earlier such prayer was rejected by the Juvenile Justice Board, Saran by order dated 14.10.2011 in Juvenile Enquiry No. 322 of 2011. The appeal was also dismissed by order dated 20.12.2011 passed in Criminal (Juvenile) Appeal No. 89 of 2011 by the Sessions Judge, Saran at Chapra. The petitioner is an accused in connection with Bhagwan Bazar P.S. Case No. 138 of 2011 dated 18.09.2011 registered under [STATUTE] . Learned counsel for the petitioner submits that the petitioner has been made an accused only on the ground of suspicion without there being any material against him. It is submitted that he was arrested by the Police on the very next day on 19.09.2011 and since then he is in custody. It is further stated Patna High Court CR. REV. No.173 of 2012 (2) dt.09-02-2012 2 that the petitioner is innocent having clean antecedent and in fact he is a good student. Learned counsel for the petitioner states that on the basis of instructions received by him, the victim, who is alleged to have been kidnapped, has since returned and he has stated that on his own volition he had left his house and went to Delhi. He narrated certain incidents but nowhere he has made any allegation in any manner with regard to the petitioner’s involvement in the whole sequence of events. Considering the facts and circumstances of the case, let the petitioner be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Juvenile Justice Board, Saran in connection with Juvenile Enquiry No. 322 of 2011 arising out of Bhagwan Bazar P.S. Case No. 138 of 2011. One of the bailors should be the father of the petitioner. Petitioner shall also physically present himself before the Probation Officer, Saran at Chapra at least once a month and also as and when directed by him. The Probation Officer, Saran at Chapra shall maintain strict supervision over the petitioner. This application, accordingly, stands disposed off. Anjani/- (Ahsanuddin Amanullah, J)

Applicable IPC Section: 364

Statute Text:
Section 364 of the Indian Penal Code. Kidnapping or abducting in order to murder. Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.