IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.44414 of 2008 ***** Shambhu Yadav, S/o Kapildeo Yadav, R/o Village-Salaha Briyarwarva, P.S.-Chautarwa, Dist.- West Champaran presently residing at Vill.-Nayagaown, P.S.-Laukariya, Dist.- West Champaran. …. …. Petitioner Versus The State of Bihar …. …. Opposite party ----------- 7. 2.7.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. Petitioner is one of the accused persons who is in custody for a case under Section 364A of the Indian Penal Code arising out of Bagaha P.S. Case No. 657 of 2007. A young boy of 13 years old was kidnapped by the criminals in regard to which his father has lodged F.I.R., investigation was made, the police managed to recover the boy and during course of investigation it has come that the petitioner was one of the persons who carried the letter with the demand of ransom but he was way laid by the police and arrested. Submission of learned counsel for the petitioner is that he was compelled under the dictates of the other criminals to perform the responsibility in question and, therefore, his case should be viewed in the different context vis-à-vis the people who are actually involved in the kidnapping of the minor boy. The statement of the petitioner explaining such a situation is very much there in the case-diary but that is not enough material which is there and the explanation which can be readily accepted. Moreso, when it is a serious matter where a minor was in the custody of the kidnappers for - 2 - more than 40 days and it is only after much effort the police managed to successfully rescue him. It is not a case where petitioner deserves any leniency. The application for bail is rejected. The Court below will be well advised to expedite the trial of the case. Pawan/- (Ajay Kumar Tripathi, J.)