Case Facts:
Patna High Court Cr.Misc. No.25765 of 2012 (2) dt.26-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25765 of 2012 ====================================================== Ram Krishna Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 26-07-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that on 2.9.2011, the petitioner along with others kidnapped the minor daughter of the informant. It is submitted by learned counsel for the petitioner that for the occurrence of 2.9.2011 the FIR has been lodged on 13.9.2011 when the complaint case no. 2160 was also lodged by the grand father of the victim where no such accusation was levelled. In the statement under section 164 Cr.P.C. the victim has alleged that the petitioner and others kidnapped her when the petitioner established physical relationship but she admitted that she has been brought to Gopalganj by the brother of the petitioner. It is further submitted that the medical report suggests the age of the victim between 18-19 years and the victim left the house of her Patna High Court Cr.Misc. No.25765 of 2012 (2) dt.26-07-2012 own and returned to the house of her own which gets reflected from the statement of the victim itself. It has also been submitted that the victim retracted from the initial version and has filed an application to that effect before the learned court below. Considering the fact that the medical report does not corroborate the accusation and the victim is major, let the above named petitioner be released on anticipatory bail in the event of 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 Chief Judicial Magistrate, Gopalganj in connection with Baikunthpur P.S. Case No. 124 of 2011 subject to the conditions as laid down under Section 438(2) Cr.P.C. Anil/- (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.