IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11470 of 2008 NANDLAL RAM Versus STATE OF BIHAR ----------- 3. 13.5.2008 Petitioner, Nandlal Ram, is an accused in a case instituted under Section 364A of the Indian Penal Code on the allegation that some unknown persons kidnapped informant’s son, namely, Vijay Shankar Pandey. Heard the learned Advocate of the petitioner as well as the learned A.P.P. for the State. It has been submitted by the learned Advocate of the petitioner that the petitioner is not named in the first information report as the F.I.R. has been instituted against unknown accused. He further submitted that the victim was not recovered by the police rather he managed to escape from the custody of the kidnappers and returned back to his house. He submitted that after release of the victim from the custody of the kidnappers, the police recorded the statement of the victim and in that very statement, the victim did not name this petitioner although he named some other persons. He submitted that in the impugned order it has wrongly been incorporated that the victim after release named this petitioner as one of the kidnappers. The learned A.P.P. also concedes that in the statement made under Section 161 of the Cr.P.C., the victim has not named this petitioner. Considering the submissions of both sides, petitioner (Nandlal Ram) is ordered to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District and Sessions Judge, Bagaha in Sessions Trial No.698/2007 arising out of Bagaha P.S. Case no.183/06. BT (Syed Md. Mahfooz Alam, J)