Case Facts:
Patna High Court Cr.Misc. No.28602 of 2011 (7) dt.13-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 28602 of 2011 ====================================================== 1. Sunita Devi 2. Manish Singh .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 7 13-07-2012 Heard learned counsel for the petitioners and the State. This is a petition for grant of anticipatory bail in a case under [STATUTE] and later on added [STATUTE] . It is alleged that one Om Prakash came along with Tapendra Singh and took the victim Neelam Kumari the daughter of the informant in pretext that wife of Om Prakash is ill. Subsequently, the dead body of the victim was found. The informant when went to enquire then Khusboo Devi wife of Om Prakash disclosed that the petitioners are not in the house and hence except suspicion there is nothing against the petitioners. However, in the First Information Report it has Patna High Court Cr.Misc. No.28602 of 2011 (7) dt.13-07-2012 been alleged that these petitioners are instrumental in kidnapping. However, the charge-sheet was submitted only against Om Prakash and the investigation against other co- accused is still pending. Hence, having regard to the facts and circumstance of the case, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali in connection with Mahua P. S. case No. 80 of 2010, subject to the conditions as laid down under Section 438(2) of the Cr. P. C. as well as subject to the condition that if during investigation any further material found against the petitioners and charge-sheet is submitted against the petitioners then the petitioners shall surrender and pray for regular bail. Kundan/- (Gopal Prasad, 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.