Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20015 of 2012 ====================================================== Mahendra Yadav & Ors. .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 28-08-2012 Heard learned counsels for the petitioners, informant and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of kidnapping the brother of the informant by seven persons in which the petitioners were identified. It is submitted by learned counsel for the petitioners that co-accused Ganga Yadav lodged the case against the informant and his father for committing murder of Jamun Yadav and in order to save his skin the present case has been lodged by the informant. It is further submitted that the victim has returned from the captivity and neither ransom was paid nor any injury was caused to him. The statement has been made in paragraph no. 10 of the petition that the petitioners have no Patna High Court Cr.Misc. No.20015 of 2012 (3) dt.28-08-2012 2 / 2 2 criminal antecedent. Similarly situated co-accused Ganga Yadav has been granted regular bail by this Court vide Cr. Misc. No. 10437 of 2012. This Court sees no reason for the learned court below not to give the same privilege to the petitioners Mahendra Yadav, Yogendra Yadav, Sikandar Yadav and Dharmaveer Yadav if they surrender within a period of six weeks from the date of receipt of copy of this order in connection with Udakishunganj P.S. Case No. 59 of 2011 pending in the court of the learned C.J.M. Madhepura. With this observation, the application is disposed off. Let the order be faxed to the learned court below at the cost of the petitioners. , U.K./- (Dinesh Kumar Singh, 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.