Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8408 of 2012 ====================================================== 1. Chinta Devi W/O Shyama Choudhary Resident Of Village- Amiyawar, Police Station- Nasariganj, District- Rohtas, Sasaram, At Present - Mohania (Danawa), Police Station- Mohania, District- Kaimur 2. Shyama Choudhary S/O Late Dukhaharan Choudhary Resident Of Village- Amiyawar, Police Station- Nasariganj, District- Rohtas, Sasaram, At Present - Mohania (Danawa), Police Station- Mohania, District- Kaimur 3. Binda Devi W/O Ramraj Choudhary Resident Of Village- Fakarabad, Police Station- Kudra, District- Kaimur, At Present Mohania (Danawa), Police Station- Mohania, District- Kaimur 4. Ramraj Choudhary S/O Late Balkeshwar Choudhary Resident Of Village- Fakarabad, Police Station- Kudra, District- Kaimur, At Present Mohania (Danawa), Police Station- Mohania, District- Kaimur .... .... Petitioner/s Versus 1. The State Of Bihar 2. Laxuman Mallah S/O Late Sarayu Choudhary Resident Of Village & Police Station- Bhagwanpur, District- Kaimur (Bhabua) .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kr. Pathak, Adv. For the Opposite Party/s : Mr. T. Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 20-03-2012 Petitioners are apprehending their arrest in a case registered for offences punishable under [STATUTE] . It is alleged that on 12.7.2009 the petitioner and others took the father of the complainant away on the pretext of his illness and subsequently he was killed. It is submitted by the learned counsel for the petitioners that for the occurrence dated 12.7.2009 the complaint was lodged on 14.7.2009. It is further Patna High Court Cr.Misc. No.8408 of 2012 (2) dt.20-03-2012 2 / 2 2 submitted that father of the complainant died natural death. Hence, police case was not lodged. Considering this aspect and nature of accusation, petitioners named above are directed to be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Complaint Case no.836 of 2009, Trial no.2245 of 2011 on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Bhabua(Kaimur) subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. sudip/- (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.