Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37458 of 2012 ====================================================== 1. Guddu Chaudhary S/O Jhagru Chaudhary Resident Of Village- Makrain, P.S.- Dehari, District- Aurangabad. 2. Gullu Chaudhary S/O Raj Kumar Choudhary Resident Of Village- Keshopur, P.S.- Barun, District- Aurangabad. 3. Sharvan Chaudhary S/O Prem Chand Chaudhary Resident of Village- Keshopur, P.S.- Barun, District- Aurangabad. .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 01-10-2012 Let the petitioners make correction at page no.1 of the petition. Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that Rs. 15,000/- was taken out by the petitioners after entering into the house of the informant when the petitioners were identified. It is submitted that earlier the informant’s side set fire the house of the petitioners for which the Panchayat Mukhiya warned the informant and Patna High Court Cr.Misc. No.37458 of 2012 (2) dt.01-10-2012 2 / 2 2 others hence accusation has been levelled. The statement has been made in paragraph no. 12 of the petition that the petitioners have no criminal antecedent and the Sarpanch of Gram Panchayat has also admitted this fact that due to earlier enmity the present false case has been lodged. Considering the aforesaid facts, let the petitioners, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Barun P.S. Case No. 92 of 2012 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Aurangabad, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Dinesh Kumar Singh, 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.