Case Facts:
Patna High Court Cr.Misc. No.34435 of 2012 (3) dt.05-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34435 of 2012 ====================================================== Sohrab .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.32764 of 2012 ====================================================== 1. Md. Zahid 2. Matin 3. Md. Islam 4. Sirajul 5. Akhtar 6. Najrul 7. Lal Mohammad .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 05-12-2012 Heard learned counsels for the petitioners, the State and the informant. The petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of kidnapping the minor daughter of the informant on 22.06.2012 when the victim was recovered on 23.06.2012 and on the Patna High Court Cr.Misc. No.34435 of 2012 (3) dt.05-12-2012 same day the FIR was registered when victim’s 161 Cr.P.C. statement was recorded where she stated that she was kidnapped by Imtiyaz who established physical relationship where she did not name these petitioners, but on 25.06.2012 in 164 Cr.P.C. she has stated that in kidnapping these petitioners also assisted Imtiyaz, though, she admitted that physical relationship was established only by Imtiyaz, hence, it is submitted by learned counsel for the petitioners that 164 Cr.P.C. statement appears to be tutored, when as per 164 Cr.P.C. statement also only offence under [STATUTE] is made out against these petitioners, which is bailable. In view of this Court, it is a fit case for consideration of regular bail, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Barsoi P.S. Case No. 136 of 2012 pending in the court of learned CJM, Katihar. With the aforesaid observation, this application is disposed of. Let the order be transmitted to the Patna High Court Cr.Misc. No.34435 of 2012 (3) dt.05-12-2012 learned court below through fax at the cost of the petitioners. DKS/ (Dinesh Kumar Singh, J.)

Applicable IPC Section: 363

Statute Text:
Section 363 of the Indian Penal Code. Kidnapping. Whoever kidnaps any person from India or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.