Case Facts:
Patna High Court Cr.Misc. No.42503 of 2011 (3) dt.02-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42503 of 2011 ====================================================== Sanjay Yadav @ Tapeshwar Yadav S/O Sufhal Yadav, Resident Of Village- Maghi, P.S.- Laxmipur, Dist.- Jamui. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance: For the Petitioner : Mr. Satish Chandra For the Opposite Party : Mr. Rajendra Singh Shastri, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 03. 02-02-2012 Heard the parties. The petitioner is in custody in connection with Belhar P.S. Case No. 73 of 2011 for offence punishable under [STATUTE] . Learned counsel for the petitioner submits that whereas the F.I.R. was against unknown regarding the abduction of the brother of the informant, for the first time, the name of this petitioner has transpired is in the re-statement of the informant found at paragraph-3 of the case diary as also in the statement of other witnesses found at paragraph 11 to 14 of the case diary. It is further, with reference to the statement made by the victim under Section 164 of the Code of Criminal Procedure, submitted that although the victim says that the Patna High Court Cr.Misc. No.42503 of 2011 (3) dt.02-02-2012 abductors were referring to each other by names, one of which was Sanjay but in view of the statement of the co-accused Dharmendra Das found at paragraph-28 of the case diary in which he has specifically stated that there are two persons by the name of Sanjay, the involvement of the present petitioner merely on the conversational reference to his name, in absence of any T.I. Parade is not justified. The prayer for bail has been opposed by learned counsel of the State who submits that the reference of the name of the petitioner is fully corroborated by the fact that the victim was recovered while traveling on a motorcycle and this petitioner was accompanying the victim on another motorcycle at the stage of recovery. It is stated that the petitioner having been apprehended along with the victim and read with the statement of the victim referring his name, there is no occasion for holding any T.I. Parade. Having heard learned counsel for the parties, no case for indulgence is made out. The prayer is refused. The application is dismissed. S.Sb/- (Jyoti Saran, 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.