Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45348 of 2010 ====================================================== 1. Sushma Devi @ Nanhaki W/O Nawal Prasad 2. Nawal Prasad S/O Late Laxman Prasad, Both residents of Village- Dahiawan, P.S. Chhapra (T), District- Saran at Chapra, presently residing at Thane, Maharashtra 3. Sobha Devi, wife of Santosh Kumar R/o Muhalla-Telhatta Bazar, P.S. Siwan, District-Siwan 4. Manorma Devi @ Baby W/O Satya Narain Prasad R/o Village & P.S. Khaira, District-Saran at Chapra, presently residing at Dhampur, District-Moradaba( Uttar Pradesh) 5. Rani Devi W/O Ram Babu Prasad R/o Village- Patera, P.S. Khaira, District-Saran presently residing at Ghaziabad ( U.P.) 6. Kamla Devi W/o Suresh Prasad 7. Shailendra Kumar 8. Jainendra Kumar @ Jitendra Kumar 9. Nagendra Kumar All sons of Suresh Prasad, resident of Muhalla- Daulatganj, P.S. Bhagwan Bazar, District-Saran at Chapra .... .... Petitioner/s Versus 1. The State Of Bihar 2. Jubli Singh S/O Late Triveni Singh R/O Village- Lebura Banjari, P.S. Akbarpur, District- Rohtas .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ------------------ 3 20-06-2012 On call, none appeared on behalf of the petitioners either to press this petition or to make a prayer for adjournment. Sri Shardanand Jha, learned Addl. Public Prosecutor is present. On 16.05.2012, on the prayer made by learned counsel for the petitioners, the case was directed to be listed after Summer Vacation, 2012. Nine petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal procedure, Patna High Court Cr.Misc. No.45348 of 2010 (3) dt.20-06-2012 2 / 2 2 have prayed for quashing of order dated 31.03.2009/18.04.2009 passed by learned Judicial Magistrate, 1st Class, Saran at Chapra including the entire proceeding in Bhagwan Bazar P.S. Case No.153 of 2003. By the said order, the learned Magistrate has taken cognizance of offence under [STATUTE] . The petition stands dismissed due to non-prosecution. Let a copy of this order be sent to the court below forthwith NKS/- (Rakesh Kumar, 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.