Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28282 of 2011 ====================================================== 1. Sharma Giri S/O Late Bindeshwari Giri, Resident Of Village - Semra Parsa , P.S. - Mannapul , District - West Champaran .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3. 14-03-2012. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Chanpatia P.S.Case No.259 of 2010 for the offence punishable under [STATUTE] . The allegation against this petitioner and some others named in the F.I.R is that the deceased, elder brother of the informant’s husband, was last seen in their company. It is alleged that while the deceased was holding a meeting with the accused persons, the mother-in-law of the informant tried to take him away from the said meeting but the accused persons requested her to let him attend the meeting of the Puja Samiti. It is alleged that thereafter the deceased never returned Patna High Court Cr.Misc. No.28282 of 2011 (3) dt.14-03-2012 2 and even his dead body was not traced. Learned counsel for the petitioner submits that except for the circumstance that the deceased was last seen in the company of the petitioner and others, there is nothing against him. He further, with reference to the orders passed by this court on 15.10.2011 in Cr.Misc.No.16876 of 2011, order dated 25.10.2011 passed in Cr.Misc.No.35680 of 2011, order dated 3.1.2012 passed in Cr.Misc.No.33391 of 2011 and order dated 27.1.2012 passed in Cr.Misc.No.29265 of 2011, submits that considering the circumstances, most of the co-accused have been released on bail. Having heard the parties and having perused the materials on record, let the petitioner Sharma Giri 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 Chief Judicial Magistrate, Bettiah, West Champaran in connection with Chanpatia P.S.Case No.259 of 2010, subject to the condition that the petitioner shall ensure his representation before the court below on each and every date fixed in the case and the failure on the part of the petitioner to ensure his representation before the court below on two consecutive dates fixed in the case without reasonable Patna High Court Cr.Misc. No.28282 of 2011 (3) dt.14-03-2012 3 explanation to the satisfaction of the court below, would entitle the court concerned to cancel the bail bonds of the petitioner and to take him into custody. ahk/- (Jyoti Saran, 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.