Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.581 of 2012 ====================================================== 1.Durga Sah, Son of Late Kari Sah. 2.Jawahar Sah, Son of Durga Sah. 3.Gopal Sah, Son of Devo Sah. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 5 03-04-2012 Supplementary affidavit has been filed on behalf of the petitioners during course of the day. 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 – 130 dated 23.09.2011. The petitioners seek bail in a case registered under [STATUTE] . All the three petitioners, who are languishing in custody, are named accused in this case, instituted on basis of Complaint Case No. 1746 of 2010 with specific accusation against petitioner no. 1 being husband of missing sister of the complainant-informant, who had gone for religious purposes with petitioner no. 1 and along with other family members returned within a few days excluding the victim, who is still missing. Further, petitioner no. 1 at much belated stage by filing Complaint Case No. 434 of 2011 appears making some allegation against the prosecution side itself, but failed to do anything at appropriate moment, if at all, the allegation finds some substance. Submission is that petitioner no. 2 being step son of petitioner Patna High Court Cr.Misc. No.581 of 2012 (5) dt.03-04-2012 2 / 2 2 no. 1 and petitioner no. 3 being nephew of petitioner no. 1 have been roped in this case on mere suspicion only because of being family members and there appears nothing against them. Having regard to the facts and circumstances of the case, the petitioner nos. 2 and 3, namely, Jawahar Sah and Gopal Sah 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, Saharsa, in connection with Sour Bazar P.S. Case No. 57 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. So far as, petitioner no. 1, namely, Durga Sah is concerned, for the present, I am not inclined to enlarge him on bail. Accordingly, prayer for his regular bail, is hereby, refused. Praveen-II/- (Akhilesh Chandra, 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.