Case Facts:
Patna High Court Cr.Misc. No.40871 of 2012 (2) dt.26-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40871 of 2012 ====================================================== 1. Ram Kishore Yadav S/O Ashik Yadav Resident Of Village- Fatehpur, P.S- Sonbarsa, District- Saharsa. 2. Mukesh Yadav @ Mukesh Kumar S/O Ram Kishore Yadav Resident Of Village- Fatehpur, P.S- Sonbarsa, District- Saharsa. 3. Awadhesh Yadav @ Awadhesh Kumar S/O Ram Kishore Yadav Resident Of Village- Fatehpur, P.S- Sonbarsa, District- Saharsa. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 26-11-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that the brother of informant Kailu Yadav was business partner with Akhilesh Yadav when Akhilesh yadav took Kailu Yadav along with rupees forty two thousand and thereafter he went missing. It is alleged that the petitioner threatened the informant not to lodge the case. It is submitted that thrust of accusation is against Akhilesh Yadav when statement has been made in paragraph 14 of the petition that the petitioner has no criminal antecedent. Patna High Court Cr.Misc. No.40871 of 2012 (2) dt.26-11-2012 Considering the aforesaid facts, 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 twelve 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 learned CJM, Khagaria in connection with Khagaria (Mufassil) P.S. Case No. 17 of 2012 subject to the conditions as laid down under Section 438(2) Cr.P.C. The bail bonds of the petitioners shall be accepted on filing of an affidavit by the petitioners before the learned court below that they will regularly cooperate with the investigation. The said affidavit will be transmitted by the learned court below to the concerned I.O. Non cooperation in investigation by the petitioners will give liberty to prosecution to file application for cancellation of bail by learned court below. Anil/- (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.