Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7923 of 2012 ====================================================== 1. Tabarak Mian 2. Tahir Mian 3. Lal Mohammad Mian 4. Tijarat Mian 5. Halim Mian 6. Salauddin Mian 7. Kasim Mian 8. Sitam Mian 9. Masir Ansari 10. Gani Mohommad 11. Md.Rostam @ Rustam Mian 12. Nasir Ansari 13. Jafir Mian 14. Inaet Mian 15. Muslim Mian 16. Jainul Mian 17. Salim Mian 18. Rafique Mian 19. Md.Hakik @ Hakik Mian .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 15-03-2012 Heard learned counsels for the petitioner and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] and 3 (1) (x) SC/ST (Prevention of Atrocities) Act. Patna High Court Cr.Misc. No.7923 of 2012 (2) dt.15-03-2012 2/3 The petitioner nos. 1 to 13 are named whereas name of petitioner nos. 14 to 19 surfaced in investigation. The accusations are of making assault, litting house and abusing by calling caste name. It is submitted by learned counsel for the petitioners that the accusation has been levelled against mob and for the occurrence of 08.03.2004 complaint was filed on 12.03.2004 which came to be registered as police case on 14.06.2004 whereas from the petitioners’ side the case was lodged on 08.03.2004 itself which gets reflected from Annexure-2. It is further submitted that the investigation is still pending and informant has retracted from his earlier version and filed petition to that effect before the learned court below. Considering the delayed lodging of the FIR and filing of case in time by the petitioners’ side, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the Patna High Court Cr.Misc. No.7923 of 2012 (2) dt.15-03-2012 3/3 satisfaction of learned Sub-divisional Judicial Magistrate, Sheohar at Sitamarhi in connection with Piprarhi P.S. Case No. 37 of 2004, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (Dinesh Kumar Singh, J.)

Applicable IPC Section: 436

Statute Text:
Section 436 of the Indian Penal Code. Mischief by fire or explosive substance with intent to destroy house etc. Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.