Case Facts:
Patna High Court Cr.Misc. No.384 of 2011 (6) dt.03-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.384 of 2011 ====================================================== 1. Surpati Kunwar @ Kulo Kunwar, S/o Late Ram Bhaban Kunwar. 2. Ram Sajjan Kunwar, S/o Late Nihora Kunwar. Both resident of Village- Badhouna, P.S. Viudyapati Nagar, District- Samastipur. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 6 03-07-2012 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners are apprehending their arrest in connection with Vidyapati Nagar P.S. Case No. 63 of 2010, registered under [STATUTE] . From perusal of the First Information Report itself the informant is not eye witness to the occurrence. However, in the entire case diary there is no eye witness to the occurrence except that only material that it was learnt that victim was kidnapped. However, in para 4 of the supplementary case diary there is statement of son of the informant recorded and he claimed to be eye witness. However, his statement recorded after two months of the occurrence, but he being the family member not stated this fact either after the occurrence or before lodging of the F.I.R. after 15 Patna High Court Cr.Misc. No.384 of 2011 (6) dt.03-07-2012 days of the occurrence. Hence it appears that except suspicion there is no direct evidence regarding kidnapping. Having regard to the facts and circumstances of the case, the above named petitioners in the event of their arrest/surrender within a period of four weeks from the date of receipt of order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M., Dalsingsarai, District- Samastipur, in connection with Vidhyapati Nagar P.S. Case No. 63 of 2010, subject to condition as laid down under Section 438 (2) of Cr.P.C. with a further condition if there is any incriminating material found against the petitioners during investigation and if charge sheet submitted against the petitioners, then petitioners shall surrender and pray for regular bail. m.p. (Gopal Prasad, J)

Applicable IPC Section: 365

Statute Text:
Section 365 of the Indian Penal Code. Kidnapping or abducting with intent secretly and wrongfully to confine a person. Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.