Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 13649 of 2012 ====================================================== S. Ashif Anwar@M. Ashif Anwar, S/o Md. Anwar Uddin Kutubi, Resident of Mohalla- Amber Uchakapar, P.S- Bihar, District- Nalanda .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 02-04-2012 Heard learned counsel for petitioner and learned counsel for the State. The petitioner seeks anticipatory bail in connection with a case in which cognizance for the offence punishable under [STATUTE] has been taken. The marriage in question took place 22 years ago. The complainant is blessed with two daughters and one son out of the wedlock. It is contended that the allegation made in the complaint of demand of Rs. 1,00,000/- after 22 years of marriage is malicious in nature and has been leveled with oblique motive. Be that as it may, considering the facts and circumstances of the case, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of the order be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Nalanda at Biharsharif in connection with Complaint Case No.1296 C of Patna High Court Cr.Misc. No.13649 of 2012 (2) dt.02-04-2012 2 2010, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure as also on the following conditions: (i) That both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how he is 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 will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he will immediately inform the court and request that he may be permitted to be present through the 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. Ashwini/- (Ashwani Kumar Singh, J.)

Applicable IPC Section: 379

Statute Text:
Section 379 of the Indian Penal Code. Theft. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.