Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41764 of 2012 ====================================================== 1. Lalan Yadav 2. Bablu Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 05-12-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in Sikandra P.S. Case No. 115 of 2012 registered for the offences punishable under [STATUTE] and Section 27 of the Arms Act pending in the court of learned Chief Judicial Magistrate, Jamui. The husband of the informant on 04.06.2012 at 7.00 PM went to the brick kiln when subsequently in the night the Munshi informed that the husband of the informant has been killed when the FIR was lodged against unknown on 05.06.2012. The petitioners were apprehended in Sikandra P.S. Case No. 111 of 2012 registered on 03.06.2012 under [STATUTE] and Section 27 of the Arms Act and in the said case they were produced before the court on 04.06.2012 forenoon when they were released on bail on 22.06.2012 and thereafter the I.O., of the present case filed a Patna High Court Cr.Misc. No.41764 of 2012 (2) dt.05-12-2012 2/2 requisition for being remanded the petitioners in the present case. It is submitted by learned counsel for the petitioners that as per the own admission of the informant, her husband died some times in the night of 04.06.2012 when the petitioners were remanded by the learned court below in Sikandra P.S. Case No. 111 of 2012 on 04.06.2012 in the forenoon. In view of this Court, it is fit case for consideration of regular bail. Let the learned court below consider the regular bail of the petitioners if the petitioners surrender within a period of six weeks. With the above observation, this application is, accordingly, disposed off. Let the order be transmitted to the learned court below through fax at the cost of the petitioners. Amrendra/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 440

Statute Text:
Section 440 of the Indian Penal Code. Mischief committed after preparation made for causing death, or hurt, etc. Whoever commits mischief, having made preparation for causing to any person death, or hurt, or wrongful restraint, or fear of death, or hurt, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.