Case Facts:
Patna High Court Cr.Misc. No.5043 of 2012 (2) dt.29-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5043 of 2012 ====================================================== 1. Nand Kishore Singh @ Keshav Singh S/O Late Ram Naumi Singh Resident Of Village- Shambhupur Koari, P.S.- Sarai, District- Vaishali. 2. Mritunjai @ Karoo S/O Nand Kishore Singh @ Keshav Singh Resident Of Village- Shambhupur Koari, P.S.- Sarai, District- Vaishali. .... .... Petitioner/s Versus 1. The State Of Bihar. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02. 29.02.2012 The case has been taken up out of turn for hearing since it has been submitted that the mother of the petitioner No. 1 is seriously ill. Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under [STATUTE] . The prayer for bail was refused by order dated 20.12.2011 but liberty had been granted to renew the prayer for bail after framing of charge if the case is not bifurcated for purposes of the same. It has been submitted that charges against all the accused persons were framed on 17.01.2012 which is evident from Annexure-5. In view of such, let the petitioners, above named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each or Patna High Court Cr.Misc. No.5043 of 2012 (2) dt.29-02-2012 any other surety as fixed by the Court to the satisfaction of 4th Additional Sessions Judge, Muzaffarpur in connection with S.Tr. No. 384 of 2011 arising out of Brahmpura P.S. Case No. 65 of 2011 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners and the other bailor shall be local since the petitioners belong to Vaishali. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iii) That the petitioners will be physically present on each date of trial and if they fail to do so on two consecutive dates without reasonable cause, their bail shall stand automatically cancelled. Vikash/- (Anjana Prakash, 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.