Case Facts:
Patna High Court Cr.Misc. No.10586 of 2011 (5) dt.04-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10586 of 2011 ====================================================== 1. Bhanso Yadav S/O Late Saryug Yadav R/O Village - Lemuabad Sonutola, P.S. Pandarak, District - Patna .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.25720 of 2012 ====================================================== 1. Sarmodh Kumar S/O Mahendra Yadav R/O Village - Lemuabad, Sonu Tola, P.S. Pandarak, District - Patna .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.10586 of 2011) For the Petitioner/s : Mr. For the Opposite Party/s : Mr. (In Cr.Misc. No.25720 of 2012) For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 5 04-09-2012 As both the aforesaid cases arise out of one and the same F.I.R. these petitions are being heard together and disposed of by this common order. These are the petitions for grant of anticipatory bail in a case registered under [STATUTE] . It is alleged that the informant is the wife of the victim and her husband, Jitendra Yadav, went on 15.4.2010 for threshing Patna High Court Cr.Misc. No.10586 of 2011 (5) dt.04-09-2012 wheat in Dhibar Patsima Diyara and she had talked with him on mobile till 16.6.2010. Thereafter his mobile was switched off then she made an enquiry and learnt that he has been kidnapped by some criminals in order to kill him. However, she has not stated as to from whom she has gathered this information. He further submits that the informant is not an eye witness. However, witnesses in the case diary have stated that they learnt from the spy that Jitendra Yadav has been kidnapped but they have not disclosed the name from whom they gathered the said information. Though there is no trace of the victim husband of the informant. Hence, having regard to the facts and circumstances of the case, let the petitioners in the event of their arrest/ surrender within four weeks from today before the court below, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of A.C.J.M.,Barh, Patna in Pandarak P.S. Case No.49 of 2010, subject to the condition that the petitioners shall cooperate the police in investigation and if the charge sheet is submitted by the police then the petitioners shall surrender before the court below and pray for regular bail. AnilKrSinha/- (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.