Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5007 of 2012 ====================================================== 1.Ram Japan Rai, Son of Late Mahavir Rai. 2.Bedamiya Devi, Wife of Ram Japan Rai. 3.Indrasan Devi, Wife of Ram Vivek Rai. 4.Ram Vivek Rai, Son of Late Ram Najar Rai. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 03-04-2012 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 – 48 dated 22.07.2011. The petitioners seek bail in a case registered under [STATUTE] . All the four petitioners, who are in custody since 12.06.2011, are named accused in this case with allegation of kidnapping the seven years old son of the informant and were apprehended with the victim after about eleven days of the incident. Submission is of false implication due to previous enmity, delayed lodging of information and institution of the case. The placed occurrence is dated 31.05.2011 and the first information by an informatory application is given to the police on 08.06.2011 and during private investigation, the informant and her associates itself said to be revealed and the police came into action and on going beyond the territory jurisdiction said to have been apprehended the petitioners without any intimation to the local police authorities, whereas, in fact, the petitioners were apprehended from their house and implicated in this case. Further, the case has already been Patna High Court Cr.Misc. No.5007 of 2012 (3) dt.03-04-2012 2 / 2 2 committed. Having regard to the facts and circumstances of the case, the petitioners above named 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 learned Additional Sessions Judge, F.T.C. - IInd, Samastipur, in connection with Sessions Trial No. 417 of 2011/287 of 2011 arising out of Mohiuddinnagar P.S. Case No. 89 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. 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.