Case Facts:
Patna High Court Cr.Misc. No.34963 of 2012 (2) dt.17-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34963 of 2012 ====================================================== 1. Natho Devi W/O Late Banarsi Sah Wrongly Mentioned As W/O F Kali Singh @ Karu Singh In Complaint. Resident Of Mandroja, P.S. Kotwali, District Bhagalpur. 2. Heera Sah S/O Late Banarsi Sah Resident Of Mandroja, P.S. Kotwali, District Bhagalpur. 3. Ajay Sah @ Ajay Kumar Sah S/O Late Banarsi Sah Wrongly Mentioned As S/O Kali Singh @ Karu Singh In Complaint Resident Of Mandroja, P.S. Kotwali, District Bhagalpur. 4. Prakash Sah S/O Late Banarsi Sah Wrongly Mentioned As S/O Kali Singh @ Karu Singh In Complaint Resident Of Mandroja, P.S. Kotwali, District Bhagalpur. 5. Bina Devi @ Bina Sah D/O Banarsi Sah Resident Of Mandroja, P.S. Kotwali, District Bhagalpur. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== For the petitioner : Mr. Praeen Kumar, Advocate For the State : Mr. J.N. Thakur, APP --------- CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 17-09-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a complaint case in which cognizance has been taken under [STATUTE] . The accusation is of entering into the house and giving threatening to the family members. It is submitted that for the same property, title suit was pending in which the major issue was decided in favour of the petitioner when second appeal on behalf of other side bearing S.A. No. 59 of 2009 was Patna High Court Cr.Misc. No.34963 of 2012 (2) dt.17-09-2012 filed before this court which stood dismissed for non-prosecution. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned JM, Ist Class, Bhagalpur in connection with complaint case no. 164 of 2009 subject to the conditions as laid down under Section 438(2) Cr.P.C. Anil/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 453

Statute Text:
Section 453 of the Indian Penal Code. Lurking house trespass or house-breaking. Whoever commits lurking house-trespass or house-breaking, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.