Case Facts:
Patna High Court Cr.Misc. No.9221 of 2012 (2) dt.29-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9221 of 2012 ====================================================== 1. Rafeek Alam @ Md. Rafique Alam S/O Late Idd Mohammad Resident Of Mohalla- Naya Tola, P.S.- Phulwarisharif, District- Patna .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 29-02-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks bail in connection with a case instituted for the offence punishable under [STATUTE] . It is submitted that nothing as alleged has taken place. Though the alleged crime is said to have taken place on 21.6.2011, the matter has been reported to the police on 2.7.2011. There is no reasonable explanation for the delay in instituting the first information report. The petitioner who is husband of the informant is in custody since 22.7.2011. Be that as it may, considering the facts and circumstances of the case the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the Patna High Court Cr.Misc. No.9221 of 2012 (2) dt.29-02-2012 satisfaction of learned Additional Sessions Judge-II, Patna in connection with Phulwarisharif P.S. Case No.311 of 2011 (Sessions Trial No.1646 of 2011/185 of 2011) subject to the conditions (i) that both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner (ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority (iii) that he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he shall take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he shall immediately inform the court and request that he may be permitted to be present through counsel (iv) that liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this court. Md.S./- (Ashwani Kumar Singh, J)

Applicable IPC Section: 436

Statute Text:
Section 436 of the Indian Penal Code. Mischief by fire or explosive substance with intent to destroy house etc. Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.