Case Facts:
Patna High Court Cr.Misc. No.25371 of 2012 (2) dt.09-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25371 of 2012 ====================================================== Anandi Mahto @ Anandi Prasad Kushwaha S/o Domi Mahto .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 2. 09.07.2012 Heard the learned counsel for the petitioner and learned APP for the State. 2. The petitioner is in custody since 16.4.2012 in connection with alleged offences under [STATUTE] . registered in connection with Nawada (Kadirganj) P.S. Case No. 57 of 2012. 3. The allegation is with regard to the assault committed by Upendra Yadav on the informant’s husband being ultimately leading to his death. 4. Learned counsel for the petitioner submits that he had no role to play in the assault rather it is evident in the First Information Report itself that the petitioner arrived there after the assault. He further points out that the learned Additional Sessions Judge had rejected his bail petition on the ground of similar rejection of two co- accused Rinku Singh and Khesari Mahto, who have since Patna High Court Cr.Misc. No.25371 of 2012 (2) dt.09-07-2012 been granted bail by orders of this Court as contained in Annexure-2/A and 2/B of this petition. 5. Considering the aforesaid facts and circumstances and considering that the petitioner arrived after the assault, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Nawada (Kadirganj) P.S. Case No. 57 of 2012 on the following conditions- (i) That the petitioner will not indulge himself in any similar or other offence. (ii) One of the bailors must be a close relative of the petitioner. (iii) The petitioner will be well represented on each and every date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled by the Court concerned. Fahad. (Vikash Jain, 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.