Case Facts:
Patna High Court Cr.Misc. No.25873 of 2012 (3) dt.25-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25873 of 2012 ====================================================== 1. Kamal Nayan @ Rupesh Sharma @ Raj Singh Rathour S/O Babulal Sharma .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.28185 of 2012 ====================================================== 1. Karpuri Thakur S/O Late Hari Thakur .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.27346 of 2012 ====================================================== 1. Madan Mandal S/O Sitaram Mandal .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 25-09-2012 All the above stated petitions arise out of Piri Bazar P.S. Case No. 19 of 2012 registered under [STATUTE] and accordingly, all the above stated petitions are being disposed of by this common order. Heard learned counsels for the petitioners as well as learned Additional Public Prosecutor for the State. Patna High Court Cr.Misc. No.25873 of 2012 (3) dt.25-09-2012 The allegation against petitioner in Cr. Misc. No. 25873 of 2012 is that he asked the victim to go to Ranchi but admittedly, petitioner in Cr. Misc. No. 25873 of 2012 did not accompany the victim up to Ranchi and except the aforesaid material, there is nothing against the petitioner in Cr. Misc. No. 25873 of 2012. Petitioner in Cr. Misc. No. 28185 of 2012 is said to be caught from a lane when the house of one Abhinandan Yadav was raided and victim was recovered from the aforesaid house. The contention of learned counsel appearing in Cr. Misc. No. 28185 of 2012 is that petitioner was a passerby and as a matter of fact he was arrested on mere suspicion and up till now he has not been put on Test Identification Parade. Learned counsel appearing in Cr. Misc. No. 27346 of 2012 submits that except the confessional statement of co-accused, there is nothing against the petitioner in Cr. Misc. No. 27346 of 2012 and moreover, having more or less similar allegation, co- accused Jitendra @ Jitendra Kumar @ Kamlesh has already been granted privilege of bail by another Bench of this Court vide order dated 03.08.2012 passed in Cr. Misc. No. 25139 of 2012. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the above named petitioners Patna High Court Cr.Misc. No.25873 of 2012 (3) dt.25-09-2012 be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Lakhisarai in connection with Piri Bazar P.S. Case No. 19 of 2012. 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.