Case Facts:
Patna High Court Cr.Misc. No.27098 of 2012 (3) dt.18-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27098 of 2012 ====================================================== Abhisek Kisku @ Raushan Kisku S/O Shree Hari Lal Kisku R/O Village- Matiarpur, P.S.-Jalalgarh, Distt.-Purnia. .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 3 18-10-2012 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the State. The petitioner is accused in Jalalgarh P.S. Case No. 36 of 2012 registered under [STATUTE] . Learned counsel for the petitioner submits that the story as narrated in the Complaint Case No. 314 of 2012 of complainant, Most. Munni Hemram, which is the basis of the First Informant Report, is totally false. In fact, Rajendra Hembaram, Rajesh Soren and Laxman Tuddu are the neighbours of the petitioner, they want to encroach the land of the petitioner, so only to give undue pressure, managed the complainant/informant to institute this false case of rape against the petitioner. It is further submitted that while the occurrence is said to be of 19.01.2012 but the informant Most. Munni Hemram, filed the complaint case on Patna High Court Cr.Misc. No.27098 of 2012 (3) dt.18-10-2012 25.01.2012 after five days, on which basis the Jalalgarh P.S. Case No. 36 of 2012 was instituted under [STATUTE] . It is also submitted that the charge- sheet have been submitted by the I.O., in which it is narrated that case is not true against the petitioner for the offence under [STATUTE] . It is also submitted that the complainant/informant/victim has not been medically examined. The allegation is made in the complaint petition of complainant/informant, Most. Munni Mehram, is that in the night of 19/20.01.2012 she was alone in her house, the petitioner entered in the house and forcibly committed rape with her. Later on Panchayat was arranged but the petitioner was not accepted his guilt on 21.01.2012 and 23.01.2012. Having regard to the facts and circumstances of the case, the petitioner above named is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Adhoc Additional Sessions Judge No. 1, Purnea in connection with Jalalgarh P.S. Case No. 36 of 2012. Safik/- (Rajendra Kumar Mishra, 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.