Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4542 of 2012 ====================================================== 1. Fucho Mahto S/O Late Reet Lal Mahto Resident Of Mohalla- Shastri Nagar, Vidhadhar, Ward No.6, P.S- Khagaria, District- Khagaria. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravi Ranjan, Advocate For the Opposite Party/s : Mr. Uma Shankar Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 13.02.2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] and 3/4 of Dowry Prohibition Act. The accusations are of torture, demand of dowry and assault. It appears that subsequently dead body was recovered in pieces packed in a gunny bag. It is submitted by learned counsel for the petitioner that still case has not been registered under [STATUTE] when the accusation of the petitioner surfaced in 164 Cr.P.C. statement of the Patna High Court Cr.Misc. No.4542 of 2012 (2) dt.13-02-2012 2/2 nephew of the accused persons that this petitioner also participated in disposal of the dead body, though the accusation of killing is against the husband and considering the same other family members have been granted anticipatory bail and it is submitted that the husband is in custody. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria P.S. Case No. 265 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (Dinesh Kumar Singh, 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.