Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12670 of 2012 ====================================================== 1. Anuj Yadav S/O Naresh Yadav, R/O Vill-Indai, P.S.Sheikhpura, Distt- Sheikhpura 2. Swarath Yadav S/O Late Balmukund Yadav ,/O Vill-Panditpur, P.S.Rajgir, Distt-Nalanda .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : For the Opposite Party/ : ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 2. 28-03-2012. Heard Mr. Ajay Kumar Thakur, learned counsel appearing on behalf of the petitioners and Mr. J.K. Singh, learned Additional Public Prosecutor appearing for the State. The petitioners have questioned the order dated 18.1.2012 passed by the Chief Judicial Magistrate, Nalanda at Biharsharif in a case arising from Silao P.S.Case No.82 of 2011, whereby the learned Magistrate has been pleased to take cognizance of the offence punishable under [STATUTE] . It is the case of the petitioners that their names have transpired during the course of investigation on the basis of confessional statement made by a co-accused and even upon consideration of the materials brought before the court, no Patna High Court Cr.Misc. No.12670 of 2012 (2) dt.28-03-2012 2 offence is made out against the petitioners. Having heard learned counsel for the parties and having considered the submissions of the learned counsel, this court is of the opinion that the issues raised before this court can well be raised by the petitioners at the stage of framing of charge and which shall be considered and disposed of in accordance with law. With the aforesaid observations, the application stands disposed of. ahk/- (Jyoti Saran, 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.