Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42796 of 2012 ====================================================== 1. Vimal Rai @ Bimal Rai, Son of Kanhai Rai. 2. Subodh Rai, Son of Kanhai Rai. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 2 13-12-2012 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State. Both the petitioners, who are languishing in custody, seek bail in a case registered under [STATUTE] , are named accused in this case with allegation of getting the daughter of the informant earlier kidnapped and when he could be able to get her back had some conversation and petitioners alongwith another arrived there and assaulted the informant and other family members. Submission is of false implication and the injury report of the informant and Pinki Kumari though indicates about other injuries being simple in nature, but opinions regarding injury no. 1 of both the injured persons were kept reserved awaiting radiological report, but till date there is no such report, but charge-sheet has been submitted. Further, none of the two petitioners carry any criminal antecedent. If it is so, subject to verification about injures reports of the informant and Pinki Kumari, and if, there is no confirmed report about injury no. 1, or if confirmed, being simple in nature, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the Patna High Court Cr.Misc. No.42796 of 2012 (2) dt.13-12-2012 2 satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 39/2012, subject to condition to remain physically present before the court below on each and every date till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled. Praveen-II/- (Akhilesh Chandra, J)

Applicable IPC Section: 452

Statute Text:
Section 452 of the Indian Penal Code. House-trespass, having made preparation for causing hurt, assault, etc. Whoever commits house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting and person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.