Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41516 of 2011 ====================================================== 1.Abhimanyu Yadav, Son of Sri Arjun Yadav. 2.Pawan Yadav, Son of Arjun Yadav. 3.Santosh Yadav, Son of Arjun Yadav. 4.Neeraj Yadav, Son of Lalan Yadav. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 21-02-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph – 68 dated 31/10/2011. All the four petitioners are apprehending their arrest in connection with a case registered for the offence punishable under [STATUTE] . After some arguments, learned counsel for the petitioners seeks permission to withdraw this application with respect to petitioner nos. 1, 2 & 4 with a liberty to surrender before the court below within a fortnight for a prayer of regular bail, which shall be considered on its own merit, without being prejudiced of instant withdrawal. Permission is granted. Accordingly, this application as regard to above named petitioner nos. 1, 2 & 4 stands disposed of as withdrawn. Petitioner no. 3 is one of the named accused in this case relating to abduction of son of the informant. Submission is that except suspicion in the extra judicial confession of another suspect, Neeraj Singh, there is nothing against this Patna High Court Cr.Misc. No.41516 of 2011 (4) dt.21-02-2012 2 / 2 2 petitioner. Moreover, he is physically handicapped as is evident from Annexure – 4. The investigation is still going on and the victim is yet to be located. Considering the facts and circumstances of the case, specially, physical condition of the petitioner, till conclusion of the investigation, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner no. 3 be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea, in connection with Barhara P.S. Case No. 18 of 2011, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till conclusion of the investigation and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen-II/- (Akhilesh Chandra, 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.