Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2836 of 2012 ====================================================== Md. Shamim .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 2 27-01-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under [STATUTE] . The accusation is of entering into the house of the informant, making assault and committing theft. It appears that the case was instituted in 2004 but the charge sheet was submitted in 2008. Petitioner was not charge sheeted but from the impugned order, it appears that one surrender-cum- bail petition was filed before the learned court below when his bail application was not pressed and then again he filed anticipatory bail application. This Court is not inclined to grant Patna High Court Cr.Misc. No.2836 of 2012 (2) dt.27-01-2012 2/2 anticipatory bail to the petitioner but considering the fact that the petitioner was not sent up for trial it is a fit case for grant of regular bail. Let the learned court below pass appropriate order and try to dispose off the same if the petitioner surrenders and prays for regular bail within a period of six weeks from the date of receipt/production of copy of this order in connection with Supaul P.S. Case No. 71 of 2004, G. R. No. 456 of 2004 pending before the learned C.J.M., Supaul. With this observation, the application is disposed off. Let the order be faxed to the learned court below at the cost of the petitioner. U.K./- (Dinesh Kumar Singh, J.)

Applicable IPC Section: 452

Statute Text:
Section 452 of the Indian Penal Code. House-trespass, having made preparation for causing hurt, assault, etc. Whoever commits house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting and person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.