Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.435 of 2012 ====================================================== Bujhawan Yadav @ Bujhawan Chaudhary, son of late Indrasan Yadav @ late Indrasan Chaudhary, resident of Tarwara, Auriyan Tola, Police Station Guatam Budh Nagar, Distt. Siwan. .... .... Petitioner/s Versus The State Of Bihar. .... .... Opp. party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opp. Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2 19-04-2012 Learned counsel for the petitioner and learned A.P.P. for the State are present. The present revision application is directed against the appellate judgment and order dated 20.01.2012 passed by the Additional Sessions Judge (F.T.C.-1), Siwan in Cr. Appeal No. 84 of 1996 by which the judgment and order dated 12.08.1996 passed by the Judicial Magistrate, 1st Class, Siwan in G.R. No. 2424 of 1994, Tr. No. 856 of 1996 convicting and sentencing the petitioner, has been upheld. The petitioner along with others was named accused in Pachrukhi P.S. Case No. 136 of 1994 registered for offence under [STATUTE] . The trial court convicted the petitioner along with others and the petitioner was Patna High Court CR. REV. No.435 of 2012 (2) dt.19-04-2012 2 sentenced to undergo rigorous imprisonment for 3 years under [STATUTE] and was acquitted under [STATUTE] . The said conviction and sentence has been upheld by the appellate court. Learned counsel for the petitioner submits that admittedly there is enmity between the parties and there are various civil and criminal cases pending between them. In that background, it is submitted that the allegation against the petitioner that he broke through the wall in the room in which the informant along with her two sons were sleeping and took away the box containing ornaments and clothes, is unbelievable and absurd. It is further submitted that both the sons who are said to be present and eye witness have not been examined and even the husband of the informant is said to have reached the village next day and accompanied the informant for lodging an F.I.R. has also not been examined. It is thus submitted that the case has not been proved beyond all reasonable doubts and the petitioner is entitled to be given the benefit and acquitted. This application shall be heard. Call for the lower court records. During the pendency of this application, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten Patna High Court CR. REV. No.435 of 2012 (2) dt.19-04-2012 3 thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Siwan in G.R. No. 2424 of 1994, Tr. No. 856 of 1996 corresponding to Pachrukhi P.S. Case No. 136 of 1994. Anjani/- (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 457

Statute Text:
Section 457 of the Indian Penal Code. Lurking house-trespass or house-breaking by night in order to the commission of an offence punishable with imprisonment. Whoever commits lurking house-trespass by night, or house-breaking by night in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and, if the offence intended to be committed is theft, the term of the imprisonment may be extended to fourteen years.