Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32326 of 2012 ====================================================== Mahesh Kumar @ Mahesh Mahto .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 26-09-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] and 3 (1) (x) of SC/ST (Prevention of Atrocities) Act. It is alleged that on the order of this petitioner, Shambhu Mahto and Murari Mahto abused and Mahadeo Mahto, Ram Udgar Mahto and Dinesh Mahto assaulted the informant, informant’s grand father, mother and aunt when on the order of Naresh Mahto, Dinesh Mahto and wife of Heera Mahto lit fire to the house. Considering the fact that accusation of assault, abuse and litting fire is not against the petitioner Patna High Court Cr.Misc. No.32326 of 2012 (2) dt.26-09-2012 2/2 when the offence under SC/ST Act has taken place inside the house, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Rosera, District - Samastipur in connection with Bibhutipur P.S. Case No. 273 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (Dinesh Kumar Singh, J.) .

Applicable IPC Section: 436

Statute Text:
Section 436 of the Indian Penal Code. Mischief by fire or explosive substance with intent to destroy house etc. Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.