Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12750 of 2012 ====================================================== Akmal Hussain @ Akmal, son of Amir Hussain, resident of mohalla- Chimni Bazar, P.S.-Sadar, District-Purnia. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 27-03-2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner apprehends his arrest in connection with a case in which cognizance has been taken for the offence punishable under [STATUTE] . The case arises out of a complaint. The occurrence is alleged to have taken place on 15.7.2010 but the complaint was filed on 19th July, 2010. There is no reasonable explanation for the delay caused in filing the complaint. There is also no explanation as to why the matter was not reported to police. Learned counsel for the petitioner submits that the present complaint has maliciously been instituted with ulterior motive. The petitioner and the complainant are resident of the same locality and the petitioner has got no criminal antecedent. Be that as it may, considering the nature of allegation, facts and circumstances of the case, let the petitioner, namely Akmal Hussain @ Akmal in the event of his arrest or surrender before the Court below within a Patna High Court Cr.Misc. No.12750 of 2012 (2) dt.27-03-2012 2 / 2 2 period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Purnia in connection with C.A. Case No. 2502 of 2010 subject to the condition as laid down under Section 438(2) Cr. P.C. as also on the following conditions: (i) That both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner. (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he will immediately inform the court and request that he may be permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this Court. Sanjeet/- (Ashwani Kumar Singh, J)

Applicable IPC Section: 379

Statute Text:
Section 379 of the Indian Penal Code. Theft. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.