Case Facts:
Patna High Court Cr.Misc. No.8518 of 2011 (3) dt.03-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8518 of 2011 ====================================================== Rakesh Kumar Shrivastava & Anr. .... .... Petitioner/s Versus The State Of Bihar & Anr. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. A.V.B.Shrivatava, Adv. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 3 03-07-2012 Heard learned counsel for the petitioners and the State. In this case, petitioners are challenging the order dated 19th April 2010 passed in Complaint Case No. 3490(c ) of 2009 taking cognizance [STATUTE] egation of assault by the petitioners and also using filthy language. Counsel for the petitioners submits that it is completely a malicious prosecution as the address that has been given by the petitioners is of village whereas petitioners reside at Patna. He further submits that altogether three persons have been shown as witnesses and one another person have been examined in this case. Another ground that has been taken is that the complainant himself is not residing at Patna as would be apparent from the address given in the ceiling appeal filed by the Patna High Court Cr.Misc. No.8518 of 2011 (3) dt.03-07-2012 complainant. The court has to see whether prima facie case is made out or not, whereas other points raised by the petitioners are the points of defence that cannot be seen at this stage. Accordingly, this petition is dismissed. However, liberty is given to the petitioners to raised all the points at the appropriate stage of trial. Jay/- (Shivaji Pandey, 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.