Case Facts:
Patna High Court Cr.Misc. No.36320 of 2011 (3) dt.18-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36320 of 2011 ====================================================== Dharmendra Paswan, S/O-Raj Kumar Paswan .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) 3 18-01-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 11.06.2011 in a case registered under [STATUTE] . The victim has stated in her statement recorded under Section 164 of the Cr.P.C. that she was made captive by the petitioner in a room and he used to commit rape on her. Submission on behalf of the petitioner is that the victim was major at the time of the alleged occurrence and, as a matter of fact, she was a consenting party but when she was recovered by her family members, she in collusion with her family members made false statement under Section 164 of the Cr.P.C. Para-30 of the case diary shows that the house of Patna High Court Cr.Misc. No.36320 of 2011 (3) dt.18-01-2012 the petitioner was raided in course of investigation but the victim was not recovered from the aforesaid house. Para-34 of the case diary reveals that victim was recovered by his brother. So, it is not clear as to how victim eluded from the clutches of the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea in connection with Barhara P.S. Case No. 101 of 2010. SHAHZAD ANWER/- (Hemant Kumar Srivastava, 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.