Case Facts:
Patna High Court Cr.Misc. No.42318 of 2012 (2) dt.11-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42318 of 2012 ====================================================== Umashankar Sharma .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 11-12-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a complaint case in which cognizance has been taken for the offences punishable under [STATUTE] . It is alleged that the husband of the complainant was being taken by the petitioner and other accused persons for getting the work of electric wiring done and thereafter the husband of the complainant went traceless. It is submitted by learned counsel for the petitioner that the husband of the complainant is working somewhere and with frivolous allegation the accusation has been levelled and thrust of accusation is against Md. Nurul Hasan and it is further stated that the petitioner has Patna High Court Cr.Misc. No.42318 of 2012 (2) dt.11-12-2012 no criminal antecedent and a statement to that effect has been made in para 12 of the petition. Considering the aforesaid facts particularly the accusation has been ventilated through complaint, let the above named petitioner be released on anticipatory bail provisionally for one year in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Sitamarhi in connection with Complaint Case No. C-1/55 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Let the learned court below get an enquiry conducted through the police whether the husband of the complainant is alive or not and if the husband of the complainant alive then the provisional bail of the petitioner will be confirmed by the learned court below. DKS/ (Dinesh Kumar Singh, 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.