Case Facts:
Patna High Court CR. APP (SJ) No.539 of 2012 (3) dt.01-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.539 of 2012 ====================================================== 1. Vikash Tanti S/O Sakaldeo Tanti R/O Choti Daulatpur, P.S. Jamalpur, Distt. - Munger 2. Suchit Tanti @ Sujit Tanti S/O Sakaldeo Tanti R/O Choti Daulatpur, P.S. Jamalpur, Distt. - Munger .... .... Appellant/s Versus 1. The State Of Bihar .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 01-11-2012 Heard learned counsel for the appellants and learned counsel appearing on behalf of the State. The appellants have been convicted under [STATUTE] and sentenced to undergo rigorous imprisonment for ten years. It is contended that though the occurrence is alleged to have taken place on 31.3.2008 but the complaint was instituted belatedly on 17.4.2008. The complaint was referred to the police under section 156(3) of the Code of Criminal Procedure and, accordingly, a first information report was instituted on 31.7.2008. In course of trial, altogether ten witnesses were examined. Out of them P.Ws. 1, 2, 4, 5 and 6 have been declared hostile. P.W.3 has been tendered without being examined in examination-in-chief. P.Ws. 9 and 10 are the investigating officers. The two witnesses, who have supported the case are P.Ws.7 and 8. Though they claim to be eye witnesses to the occurrence but there is no reasonable explanation as to why the Patna High Court CR. APP (SJ) No.539 of 2012 (3) dt.01-11-2012 case was instituted after seventeen days of the occurrence. Be that as it may, considering the facts and circumstances of the case, let the appellants, named above, during the pendency of the appeal, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Ad hoc Additional Sessions Judge-I, Munger, in connection with S.T. No.151 of 2009. Md.S./- (Ashwani Kumar Singh, J)

Applicable IPC Section: 364

Statute Text:
Section 364 of the Indian Penal Code. Kidnapping or abducting in order to murder. Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.