Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2511 of 2012 1. Yugal Das, son of Gopi Das. 2. Chhotelal Das, son of Hira Das. Both residents of Village- Behra, P.S. Sikta, District- West Champaran. …………Petitioners. Versus The State of Bihar ………………………Opposite Party. ---------------------------------- 2. 18. 01. 2012. Heard learned counsel for the petitioners and learned counsel for the State. The petitioner is apprehending his arrest in connection with Sikta P.S. Case No. 98 of 2011, registered under [STATUTE] . The allegation against the petitioners about committing theft worth Rs. 25,000/ from the house of the informant in the night and the petitioners wanted to outrage her modesty. It is further alleged that the husband of the informant was not present in the house and when he came on the next day going to lodge the case then Panchayat of the village asked him to resolve the matter before Panchayati and so there was delay in lodging the F.I.R. Learned counsel for the petitioners submits that there is inordinate delay of nine days in lodging the F.I.R. and allegation regarding outraging the modesty of the 2 informant is only omnibus and the petitioners are pattidar and there is land dispute between them. Having regard to the fact and circumstance of the case, the above named petitioners in the event of their arrest/surrender within a period of four weeks from today, the petitioners shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran in connection with Sikta P.S. Case No. 98 of 2011, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. m.p. ( Gopal Prasad, J.)

Applicable IPC Section: 382

Statute Text:
Section 382 of the Indian Penal Code. Theft, after preparation having been made for causing death, or hurt, or restraint or fear of death, or of hurt or of restraint, in order to the committing of such theft, or to retiring after committing it, or to retaining property taken by it. Whoever commits theft, having made preparation for causing death, or hurt, or restraint, or fear of death, or of hurt, or of restraint, to any person, in order to the committing of such theft, or in order to the effecting of his escape after the committing of such theft or in order to the retaining of property taken by such theft, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.