Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10922 of 2012 ====================================================== 1. Sk.Ferasat @ Sk. Ferasat Hasan 2. Sk. Musa 3. Sk. Isa 4. Sk. Aarif @ Sk. Aarif Alam .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 09-04-2012 Heard learned counsels for the petitioners, the State and the complainant. The petitioners are apprehending their arrest in a complaint case in which cognizance has been taken for the offences punishable under [STATUTE] . It is alleged that the complainant’s mother went to court and when she return she got town from the train on the other side. Subsequently the complainant heard noise when he went to see his mother he saw that the petitioners and others taking the mother of the Patna High Court Cr.Misc. No.10922 of 2012 (2) dt.09-04-2012 2/3 complainant. The date of occurrence was 09.10.2002 for which complaint has been lodged on 10.01.2003. It is submitted by learned counsel for the petitioners that the petitioners being the agnates of the complainant have serious land dispute and the title suit is pending. They challenged the cognizance order before this Court in which stay was granted and ultimately vide order dated 18.12.2009 the said quashing was dismissed and since they have no information of dismissal, hence, the anticipatory bail application is filed now. It is submitted by learned counsel for the complainant that they initially killed the son and thereafter mother of the complainant. Considering the delayed lodging of the complaint which clouds the bonafide of the accusation, let the above named petitioners be released on anticipatory bail in the event of their 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) each with two sureties of the like amount each to the satisfaction of Mr. P.K. Sharma, learned Judicial Magistrae, Ist Class, Katihar Patna High Court Cr.Misc. No.10922 of 2012 (2) dt.09-04-2012 3/3 in connection with C.A. Case No. 83 of 2003, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The learned court below will be at liberty to cancel the bail of the petitioners if they default for three consecutive occasions. DKS/ (Dinesh Kumar Singh, 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.