Case Facts:
Patna High Court Cr.Misc. No.12030 of 2011 (2) dt.17-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12030 of 2011 ====================================================== 1. Ram Dahin Yadav @ Ramdahin Prasad Yadav S/O Late Ramdeo Yadav Resident Of Village- Kaushik Nagar, Post- Mai, P.S.- Hilsa, Distt.- Nalanda .... .... Petitioner/s Versus 1. The State Of Bihar 2. Maheshwar Prasad S/O Kshtrapati Yadav R/V Kaushik Nagar, P.O.+P.S.- Hilsa, Distt.- Nalanda .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rudal Prasad, Adv. For the Opposite Party/s : Mr. Binod Kumar No. 3,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 17-07-2012 Heard learned counsel for the petitioner and learned counsel for the State. In this case, the petitioner is challenging the order dated 19.2.2011 passed in Complaint Case No. 930(C)/2010 by which the court below has taken cognizance for offence under [STATUTE] . From the complainant petition it appears that the allegation has been made that the accused persons had entered into the house of the complainant and ransacked. Further allegation is that they have taken away valuables and also tried to outrage modesty of the wife of the complainant. The court below has taken cognizance finding to a prima facie case against the petitioners. This Court does not find any error in the order Patna High Court Cr.Misc. No.12030 of 2011 (2) dt.17-07-2012 impugned. Accordingly, this petition is dismissed. However, liberty is given to the petitioners to raise all the points before the court below at the time of framing of charge. Mahesh/- (Shivaji Pandey, J)

Applicable IPC Section: 380

Statute Text:
Section 380 of the Indian Penal Code. Theft in a building, tent or vessel. Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.