Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21634 of 2012 ====================================================== 1. Ajay Yadav S/O Late Kailu Yadav R/O Village - Golahu, Police Station Nath Nagar, District - Bhagalpur 2. Ramu Yadav S/O Late Kailu Yadav R/O Village - Golahu, Police Station Nath Nagar, District - Bhagalpur 3. Chandan Yadav S/O Bhattu Yadav @ Bhathu Yadav R/O Village - Golahu, Police Station Nath Nagar, District - Bhagalpur 4. Bhattu Yadav @ Bhathu Yadav S/O Yadu Yadav R/O Village - Golahu, Police Station Nath Nagar, District - Bhagalpur 5. Brahami Yadav S/O Late Rami Yadav R/O Village - Bhatoriya, Police Station - Nath Nagar, District - Bhagalpur 6. Domi Yadav S/O Late Baiju Yadav R/O Village - Bhatoriya, Police Station - Nath Nagar, District - Bhagalpur 7. Sri Niwas Yadav S/O Brahmi Yadav R/O Village - Bhatoriya, Police Station - Nath Nagar, District - Bhagalpur 8. Prakash Yadav S/O Mahendra Yadav R/O Village - Bhatoriya, Police Station - Nath Nagar, District - Bhagalpur 9. Chatri Yadav S/O Makuni Yadav R/O Village - Sahakund, Police Station Sahakund, District - Bhagalpur .... .... Petitioner/s Versus 1. The State Of Bihar 2. Ganna Devi W/O Manohar Prasad Yadav R/O Village - Golahu, Police Station Nath Nagar, District - Bhagalpur .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Dr. Manoj Kumar, Adv. For the State : Mr. Panchanand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2. 06-09-2012 Heard learned counsel for the Petitioners and the State. The Petitioners seek quashing of the order dated 29.2.2012 passed by the Additional District and Sessions Judge 4, Bhagalpur, in Sessions Trial No. 512 of 2010/Trial No. 669 of 2012 by which he has rejected an application filed under Section Patna High Court Cr.Misc. No.21634 of 2012 (2) dt.06-09-2012 2 / 2 2 228 Cr. P.C. Since even if charge under [STATUTE] is framed, no prejudice would be caused to the Petitioners, I am not inclined to interfere in the matter. The application is dismissed. S.Ali (Anjana Prakash, J.)

Applicable IPC Section: 449

Statute Text:
Section 449 of the Indian Penal Code. House-trespass in order to the commission of an offence punishable with death. Whoever commits house-trespass in order to the committing of any offence punishable with death, shall be punished with imprisonment for life, or with rigorous imprisonment for a term not exceeding ten years, and shall also be liable to fine.