Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40842 of 2011 ====================================================== 1. Bhagwan Das @ Bhawan Das Gupta, son of late Laksho Sao 2. Mukesh Kumar, son of Bhagwan Das Both resident of mohalla – Fal Gali, P.S. – Nawada, District – Nawada. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 15-03-2012 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. The petitioners, apprehending their arrest in connection with a case registered for the offence punishable under [STATUTE] , are named accused in this five years old case relating to missing son of the informant. Submission is of false implication due to continued land disputes only on mere suspicion without any substantive material, whereas in on going investigation it appears that victim resides at Kolkata in connection with his livelihood but still he could not be located. In view of continuity of investigation and non- tracing out of the victim and further as submitted petitioners have no criminal antecedent. If, it is so, in the event of their arrest/surrender Patna High Court Cr.Misc. No.40842 of 2011 (3) dt.15-03-2012 2 / 2 2 before the court below within four weeks, till conclusion of investigation/submission of charge-sheet, let the above named petitioners be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada, in connection with Nawada Town P.S. Case No. 414/2007, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date till conclusion of investigation/submission of charge-sheet, in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Rajeev/- (Akhilesh Chandra, 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.