Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27619 of 2012 ====================================================== 1. Yognandan Paswan @ Yadunandan Paswan 2. Becho Paswan @ Bechu Paswan. 3. Parmeshwari Paswan. 4. Smt. Bimla Devi. 5. Pradeep Paswan. 6. Bisho Paswan. 7. Anil Paswan. 8. Sulita Devi. 9. Sudama Devi. 10. Ram Chandra Paswan. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 06-08-2012 Heard learned counsels for the petitioner and the State. The petitioners being the parents, brother and co- villagers of the husband of the daughter of the informant are apprehending arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of kidnapping the daughter of the informant. It is submitted by learned counsel for the petitioners that even assuming the accusation and 164 Cr. P.C. statement of the victim, the case under [STATUTE] is not made out because 164 Cr. P. C. statement of the victim does not reflect that there is Patna High Court Cr.Misc. No.27619 of 2012 (2) dt.06-08-2012 2/2 any intention to kill the daughter of the informant and due to property dispute, the accusation has been levelled when the victim claimed that she of her own reached to her parents house. Considering the nature of accusation and the relationship between the informant’s daughter and the petitioners, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in connection with Gamharia P.S. Case No. 45 of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C. Amrendra/- (Dinesh 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.