Case Facts:
Patna High Court Cr.Misc. No.38045 of 2011 (3) dt.02-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38045 of 2011 ====================================================== 1. Girija Sahani, son of Vikaram Sahani. 2. Bikas Sahani, son of Girija Sahani. 3. Sandeep Sahani, son of Girija Sahani. All resident of Village- Soulhua, Police Station- Nautan, District-West Champaran. .... .... Petitioners. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 02-04-2012 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners are apprehending their arrest in connection with Nautan Police Station Case No. 116 of 2011 registered under [STATUTE] . There is allegation that husband of the informant was taken by Rajesh Sahani and Santosh Sahani along with ten accused persons armed with various arms assaulted and killed him. Learned counsel for the petitioners submits that there is no eye witness to the occurrence and dead body of the husband of the informant was recovered from the field of the Rajesh Sahani. Learned counsel for the State contends that anything specific against these petitioners. Patna High Court Cr.Misc. No.38045 of 2011 (3) dt.02-04-2012 Under the facts and circumstances of the case, 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 Juedicial Magistrate, West Champaran at Bettiah, in connection with Nautan Police Station Case No. 116 of 2011, subject to condition as laid down under Section 438 (2) of Cr.P.C. with a further condition that petitioners shall cooperate with the police during investigation and produce themselves as and when required by the police. However, any incriminating material found against these petitioners after submission of the charge sheet then petitioners shall surrender and prayed for regular bail. m.p. (Gopal Prasad, 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.