Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23185 of 2012 ====================================================== Aditya Kumar @ Laloo Prasad @ Laloo Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 06-11-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . The husband of the informant went in the company of Jugal Prasad @ Mulayam Singh and Naresh Prasad on 16.09.2011 when the husband of the informant did not return thereafter. The petitioner was not named in the FIR. The petitioner’s complicity surfaced when the C.D. reflects that on 19.09.2011 and 22.09.2011 the petitioner withdrew the amount from the ATM of the victim. It is submitted by learned counsel for the petitioner that the petitioner only withdrew the amount at the instance of the victim, who was not Patna High Court Cr.Misc. No.23185 of 2012 (3) dt.06-11-2012 2/2 friendly in operating the ATM and even assuming the withdrawal made by the petitioner the same does not constitute any offence under [STATUTE] . In view of this Court, it is a good case for consideration of regular bail, if the petitioner surrenders before the learned court below within a period of eight weeks from today in connection with Sirdalla P.S. Case No. 126 of 2011 pending in the court of learned CJM, Nawada. With the aforesaid observation, this application is disposed of. Let the order be transmitted to the learned court below through fax at the cost of the petitioner. DKS/ (Dinesh Kumar Singh, 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.