Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1989 of 2012 ====================================================== Indal Choudhary, Son of Ram Chandra Choudhary. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.3683 of 2012 ====================================================== Rabindra Chaudhary, Son of Late Sita Ram Choudhary. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 02-04-2012 Since both the applications arising out of one case are taken up together and being disposed of by this composite order. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph – 145 dated 21.11.2011. Both the petitioners seek bail in a case registered under [STATUTE] . The petitioners are in custody respectively since 16.10.2011 and 14.10.2011. The petitioner (Cr. Misc. No. 1989 of 2012) is solitary named accused in this case, whereas, the name of other petitioner (Cr. Misc. No. 3683 of 2012) is emerged during investigation in the further statement of the informant. Submission is of false implication on mere suspicion due to some business rivalries and even the victim in his statement has not named either of the two petitioners rather he has not disclosed the name of any of the Patna High Court Cr.Misc. No.1989 of 2012 (3) dt.02-04-2012 2 / 2 2 miscreants, who kidnapped him for a few period. Further, there is no material against these petitioners, who have no criminal antecedents. If, it is so, having regard to the facts and circumstances of the case, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani, in connection with Ladaniya P.S. Case No. 74 of 2011, subject to condition to attend the court regularly on each and every date till disposal of the case and in case of failure on two consecutive dates, without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled. Praveen-II/- (Akhilesh Chandra, J)

Applicable IPC Section: 363

Statute Text:
Section 363 of the Indian Penal Code. Kidnapping. Whoever kidnaps any person from India or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.