IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36324 of 2010 BIBEK KUMAR @ BIBEK GUPTA @ CHHOTU, SON OF SATENDRA PRASAD GUPTA Versus THE STATE OF BIHAR ----------- 04 19.01.2011 Heard learned counsel for the petitioner as well as learned P.P. for the State. Petitioner is languishing in jail custody since 18.07.2010 in connection with Jakkanpur P.S. Case No 163 of 2010 registered under Sections 364 of the Indian Penal Code. Admittedly, the above stated case was registered against unknown person and subsequently, the name of this petitioner surfaced in this case. Para 22 of the case diary reveals that in course of investigation, Investigating Officer got information that the victim has been admitted in P.M.C.H, Patna for his treatment. The Investigating Officer went there and recorded the statement of victim boy, who stated that on the alleged date of occurrence, one Amrish Kumar had called him and after that he along with the aforesaid Amrish Kumar went to the house of one Raviraj Rana where the petitioner along with unknown person were also present there. Furthermore, the victim stated that the aforesaid unknown person pressed his mouth with a pillow and also cut his neck. Even if the aforesaid statement of victim accepted in toto then also it cannot be a case of kidnapping. Accordingly, above named petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten 2 Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with above stated Jakkanpur P.S. Case No. 163 of 2010. Shahzad (Hemant Kumar Srivastava, J)