Case Facts:
Patna High Court Cr.Misc. No.10648 of 2012 (2) dt.07-03-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10648 of 2012 ====================================================== 1. Lalan Sahni, S/O Late Mangal Sahni, R/O Vill-Tikulia Malahi Tola, P.S.- Pipra, Distt-East Champaran. .... .... Petitioner Versus 1. The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 2 07-03-2012 Heard the learned counsel for the petitioner and Mrs. Anita Singh, learned A.P.P. for the State. The petitioner is an accused in Pipra P.S. Case No.52 of 2011 for the offence punishable under [STATUTE] . It is submitted that the allegation against the petitioner is to have assaulted the deceased Kamal Chaudhary with Farsa and other accused is to have assaulted with Lathi. During post-mortem, the doctor has not found any injury caused by Farsa. It is further submitted that the other accused including the deceased were bent upon to commit the rape of niece of the co- accused Umesh Sahni for which an altercation took place and Umesh Sahni has also lodged a case against the deceased and others, which has been registered as Pipra P.S. Case No.62/2011. The petitioner has no criminal antecedent and he has been in custody since 3.06.2011. Learned counsel for the State could not controvert the Patna High Court Cr.Misc. No.10648 of 2012 (2) dt.07-03-2012 2 contention of the learned counsel for the petitioner while opposing his prayer for bail. Considering the facts and circumstances of this case, the above-named petitioner is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in Pipra P.S. Case No.52/2011 with the following conditions : 1. One of the bailors will be the close relative of the petitioner. 2. The petitioner will not indulge in similar or in any other offence. 3. The petitioner will be well re-represented in the court. 4. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the concerned court and he will be taken into custody forthwith. V.K. Pandey/- (Amaresh Kumar Lal, 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.