Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14565 of 2011 ====================================================== 1. Bullu Kumar S/O Krishnadeo Prasad Sharma R/O Village And Police Station - Pandarak, District - Patna 2. Amit Kumar S/O Late Anil Singh R/O Village And Police Station - Pandarak, District - Patna .... .... Petitioner/s Versus 1. The State Of Bihar 2. Eknath Singh S/O Late Ram Sakal Singh R/O Village And Police Station - Pandarak, District - Patna .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Manish Kumar, Adv. For the Opposite Party/s : Mr. Bipin Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 07-08-2012 Heard learned counsel for the petitioners and the State. In this case, petitioners are challenging the order dated 18th November 2010 passed in Cr. Revn.No. 728 of 2007 by the Sessions Judge, Patna affirming the order of Judicial Magistrate, Barh dated 11th June 2007 passed in Complaint Case No. 612 of 2004 whereby and whereunder the Judicial Magistrate has framed charge under [STATUTE] . Counsel for the petitioners submits that from the complaint petition it appears to be a case under [STATUTE] and if that does not apply, then the charge under Section 365 cannot be framed as necessary ingredient for the aforesaid Section Patna High Court Cr.Misc. No.14565 of 2011 (2) dt.07-08-2012 2 / 2 2 is not available. The submission has been made that the court below has wrongly framed charge under [STATUTE] . He further submits that the reason for this case is the land dispute, both the parties are the agnates having civil litigation since the year 1919 and both the parties are trying to take possession of the land. Since the court below has framed the charge and that has been affirmed by the court of Sessions, this Court does not find any error in the order. This petition is accordingly, dismissed. However, liberty is given to the petitioners to raise all the point at the appropriate stage of trial that no case is made out under [STATUTE] and the court below will decide the same on its on merits, without being prejudiced by this order. Jay/- (Shivaji Pandey, 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.