IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1088 of 2009 MAKSUDAN YADAV, S/o Mahendra Yadav, Resident of village – Pajaraw, P.S. – Nuwaon, District – Kaimur at Bhabhua Versus THE STATE OF BIHAR ----------- 2. 11.2.2009 Heard Sri Vivekanand Pd. Singh No. 1, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. The prosecution story is that the son and grand son of the informant were abducted. The two returned on different dates and made statements stating that the petitioner and others had taken them away and during that confinement and captivity they were asked to pressurize one of the relatives of the informant to return back the gun, which he had snatched from any of the accused persons. The contention is that the facts of the case may not be constitute a case under Section 364 of the IPC nor it could be a case under Section 368 of the Penal Code and it could simply be a case of wrongful restraint and wrongful confinement. Regard being had to the facts of the case and the contentions, let petitioner Maksudan Yadav be released - 2 - from custody on furnishing a bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Rajpur P.S. Case No. 43 of 2000. DKS/ (Dharnidhar Jha, J.)