Case Facts:
Patna High Court Cr.Misc. No.43942 of 2011 (4) dt.07-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43942 of 2011 ====================================================== 1. Nawab Rai , son of Late Tetar Rai. 2. Sujeet Kumar @ Sujeet Rai, son of Nawab Rai. Both residents of Mohalla- Nauratanpur, P.S. Kankarbagh, District- Patna. .... .... Petitioners. Versus The State of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 4 07-05-2012 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners are apprehending their arrest in connection with Kankarbagh P.S. Case No. 212 of 2011, registered under [STATUTE] . It is alleged that son of the informant had gone to purchase vegetables, but he did not return. It is alleged that informant learnt that his son has been kidnapped by Nawab Rai and others. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. Learned counsel for the State however contends that from the case diary it is apparent that there is dispute between the parties regarding Khatals and informant is owner of one Khatal Patna High Court Cr.Misc. No.43942 of 2011 (4) dt.07-05-2012 and petitioners are owner of another Khatal. However, it is alleged that son of the informant was kidnapped, but there is no eye witness to the occurrence. However, occurrence is of 29. 06. 2011, though, in the case there is statement of victim was recorded under Section 161 Cr.P.C. Learned counsel for the State further contends that there is nothing has been mentioned from and how the victim was recovered or produces to make his statement. The case is still at the stage of investigation. Having regard to the facts and circumstances, the above named petitioners in the event of their arrest/surrender within a period of four weeks from today shall 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, Patna, in connection with Kankarbagh P.S. Case No. 212 of 2011, subject to condition as laid down under Section 438 (2) of Cr.P.C. However, if any incriminating material found against the petitioners and charge sheet is submitted against the petitioners, then petitioners shall surrender and pray for regular bail. m.p. (Gopal Prasad, J)

Applicable IPC Section: 365

Statute Text:
Section 365 of the Indian Penal Code. Kidnapping or abducting with intent secretly and wrongfully to confine a person. Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.