Case Facts:
Patna High Court Cr.Misc. No.28709 of 2012 (4) dt.26-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28709 of 2012 ====================================================== 1. Dilip Singh S/O Late Bisho Singh @ Bishundeo Singh 2. Jai Kant Singh S/O Late Ganpati Singh .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.29372 of 2012 ====================================================== 1. Mritunjay Sah @ Mritunjay Kumar Sah S/O Late Rajendra Sah @ Rajo Sah .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 4 26-09-2012 Both the above stated petitions arise out of Alamnagar (Ratwara O.P.) P.S. Case No. 116 of 2011 registered under [STATUTE] and accordingly, both the above stated petitions are being disposed of by this common order. Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Although, petitioners are named in the first information report but it would appear from perusal of further statement of informant that informant is not an eye witness of the Patna High Court Cr.Misc. No.28709 of 2012 (4) dt.26-09-2012 alleged occurrence and moreover, according to prosecution case itself, the alleged occurrence took place on 30.11.2011 whereas first information report was lodged on 02.12.2011. In course of investigation, some witnesses supported the prosecution case but they stated that petitioner no. 1 in Cr. Misc. No. 28709 of 2012 had snatched the rifle from the informant’s father and after that all the petitioners proceeded from there followed by the victim. No doubt, petitioners carry some criminal antecedent but considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhepura in connection with Alamnagar (Ratwara O.P.) P.S. Case No. 116 of 2011. SHAHZAD/- (Hemant Kumar Srivastava, 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.