Case Facts:
Patna High Court Cr.Misc. No.24680 of 2012 (3) dt.11-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24680 of 2012 ========================================= Bhikhari Yadav, son of Late Sudarshan Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ========================================= CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 11-09-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application has been filed for the grant of regular bail to the petitioner who has been made an accused in connection with Thakraha (Bhitaha) P.S. Case No. 138/2011 pending before Additional Chief Judicial Magistrate, Bagaha, West Champaran, for the offences punishable under [STATUTE] . The petitioner is one of the named accused in this case of house trespass in night and gang rape upon the informant a lady whose husband was residing outside in connection with his livelihood. Submission is of false implication and continued relationship since before and the report of the court below, it appears that trial is yet to be commenced. Taking into consideration the facts and circumstances of the case, for the present, prayer of regular bail of the petitioner is hereby rejected. Simultaneously, court below is directed to proceed expeditiously and avoid undue delay and adjournment. Further, petitioner is at liberty, if so wishes, to renew his prayer before the trial court itself after examination of the informant (victim). Rajeev/- (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.