Case Facts:
Patna High Court Cr.Misc. No.39217 of 2012 (2) dt.19-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39217 of 2012 ====================================================== 1. Upendra Kumar S/O Krishna Mahton .... .... Petitioner/s Versus 1. The State Of Bihar & Anr. .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 19-10-2012 Learned counsel for the petitioner is permitted to make necessary correction in his application within course of the day. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 29.03.2012 in a case registered under [STATUTE] on the charges that he along with some others including the brother of the petitioner took the victim from his house and after that the victim was found missing. The contention on behalf of the petitioner is that the brother of petitioner has already been granted privilege of bail by another Bench of this Court vide order dated 07.09.2012 passed in Cr. Misc. No. 25571 of 2012. It is further contended by him that informant is not an eye witness of the alleged occurrence. On the other hand, learned Additional Public Patna High Court Cr.Misc. No.39217 of 2012 (2) dt.19-10-2012 Prosecutor opposed the prayer submitting that the alleged occurrence took place in the year 2004 and petitioner could be remanded in this case in the year 2012. The impugned order reflects that investigation of this case is still going on and submission on behalf of the petitioner is that petitioner was not aware about the institution of the present case. 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 Fast Track Court-II, Patna in connection with Sessions Trial No. 878 of 2012 arising out of Kadamkuan P.S. Case No. 1016 of 2004. SHAHZAD/- (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.