Case Facts:
Patna High Court Cr.Misc. No.15575 of 2012 (3) dt.02-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15575 of 2012 ====================================================== 1. Zumman Hasmi , son of Md. Shahboob Hasmi. 2. Rafique Hasmi, son of Dina Hasmi. Both are the residents of Bhagalpur, Police Station- Piro, District- Bhojpur at Arrah. .... .... Petitioners. Versus The State of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner/s : Mr. For the State : Mr. Suresh Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 02-07-2012 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners have been arrested in connection with Piro P.S. Case No. 279 of 2008, registered under [STATUTE] . The only material against these petitioners is that victim came and disclosed that Zumman Hasmi (petitioner no. 1) has calling and asked to keep the younger brother to house then the victim went but she did not return and petitioner no. 1 was enquired about the victim from the wife of the informant. Learned counsel for the petitioners submits that there is no eye witness to the occurrence nor even there is no witness to support that victim was last seen with petitioner no.1. Except that there is no evidence in the case diary regarding implication of Patna High Court Cr.Misc. No.15575 of 2012 (3) dt.02-07-2012 these petitioners. Hence it is contended that there is neither any occurrence took place nor any circumstantial evidence to implicate these petitioners only there is mere suspicion. Having regard to the facts and circumstances of the case, the above named petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Arrah, in connection with Piro P.S. Case No. 279 of 2008 in G.R. No. 3982 of 2008, subject to condition that petitioners shall appear on each and every date fixed in this case and any absence of the petitioners shall be subject to satisfaction of the court below on reasonable ground. m.p. (Gopal Prasad, J)

Applicable IPC Section: 367

Statute Text:
Section 367 of the Indian Penal Code. Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc. Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.