Case Facts:
Patna High Court Cr.Misc. No.40316 of 2011 (3) dt.01-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40316 of 2011 ====================================================== 1. Raj Kumar @ Raj Kumar Mahto, son of Parmeshwar Mahto. 2. Deepak Mahto @ Deepak Kumar Mahto, son of Pramashwar Mahto. Both are residents of village- Ganeshpur, P.S.- Ahiyapur, District- Muzaffarpur. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 3- 01-02-2012 Heard learned counsel appearing on behalf of the parties. The petitioners are in custody in connection with Ahiyapur P.S. Case No.249 of 2011 for the offences punishable under [STATUTE] . Taking into consideration the circumstance of recovery of ornaments belonging to the informant from the possession of the petitioners at the instance of co-accused Raj Kumar as also the circumstance in which close circuit camera has shown one of the petitioners of withdrawing the amount from the ATM, I am not inclined to consider the prayer of the petitioners and the same is rejected. This application is dismissed. SKPathak/- (Jyoti Saran, J.)

Applicable IPC Section: 457

Statute Text:
Section 457 of the Indian Penal Code. Lurking house-trespass or house-breaking by night in order to the commission of an offence punishable with imprisonment. Whoever commits lurking house-trespass by night, or house-breaking by night in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and, if the offence intended to be committed is theft, the term of the imprisonment may be extended to fourteen years.