Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43288 of 2012 ====================================================== 1. Mantu Manjhi, Son of Suresh Manjhi. 2. Survi Yadav @ Sukhi Yadav, Son of Late Ramdeo Yadav. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 2 17-12-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Both the petitioners, who are languishing in custody, seek bail in a case registered under [STATUTE] . In this case, instituted against unknown, petitioners name appears emerging during investigation, wherein, as submitted, after two years a few witnesses are coming as eye-witnesses without any explanation for their non- disclosure earlier at initial stages and under almost similarly situated circumstance, co-accused, namely, Mithlesh Yadav @ Mithu Yadav has already been released on bail by a Bench of this Court vide order dated 02/08/2012 passed in Cr. Misc. No. 28839/2012, but the same order is tried to be distinguished only on the ground that it does not find mentioned of [STATUTE] , whereas, the case still stands instituted for the offence under [STATUTE] as is evident from the order of court below, though, charge-sheet was submitted for the offence under [STATUTE] also. It is expected from the courts to be careful and cautious in future. Further, petitioners are in custody only due to having two criminal cases against them, wherein, they are on bail. Patna High Court Cr.Misc. No.43288 of 2012 (2) dt.17-12-2012 2 If it is so, having regard to the facts and circumstances of the case, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Barh, District - Patna in connection with Ghoswari P.S. Case No. 18/2010, subject to condition to remain physically present before the court below on each and every date till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled. Praveen-II/- (Akhilesh Chandra, J)

Applicable IPC Section: 365

Statute Text:
Section 365 of the Indian Penal Code. Kidnapping or abducting with intent secretly and wrongfully to confine a person. Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.