IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38929 of 2008 ARVIND SINGH @ ARBIND PRASAD SINGH … … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner: Shri Singh Sanjay Kumar For the State: Shri Dashrath Mehta, A.P.P. - - - - 2. 16.10.2008 Heard Shri Singh Sanjay Kumar, learned counsel for the petitioner and Shri Dashrath Mehta, learned Additional Public Prosecutor for the State. It could be a simple case of kidnapping as the allegation is that the accused persons, the petitioner not being one among them, took away the son of the informant for getting him married to a particular lady. The simple contention is that Section 363 of the Indian Penal Code is bailable and Section 365 thereof is triable by a Magistrate of the Ist Class and at any rate it could not have been a case in which the Officer in the rank of Additional Sessions Judge could have dismissed the prayer. It is true that the petitioner is figured in the statement of Ram Pravesh Kumar, the victim, but on the facts it appears an offence which could be bailable. 2 Let the petitioner Arvind Singh alias Arbind Prasad Singh be released from custody on his furnishing a bond of Rs. 3,000/-( three thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Barh, Patna, in Hathidah P.S.Case No. 5 of 2008. Kanth ( Dharnidhar Jha, J.)