Case Facts:
Patna High Court Cr.Misc. No.15717 of 2012 (2) dt.26-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15717 of 2012 ====================================================== Binod Kumar @ Binod Ray .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 26-04-2012 Heard learned counsels for the petitioner and the State. The petitioner being husband is apprehending arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that two Nokia mobiles and rupees seven thousand were stolen by unknown accused persons. During investigation, it transpired that from the stolen mobile, calls were made on the mobile of the petitioner. It is submitted that there is no recovery from the petitioner but since the petitioner was earlier involved in five other cases, this court is not inclined to grant anticipatory bail to the petitioner. His prayer for anticipatory bail is rejected. However, considering the circumstantial nature of evidence against the petitioner, the contentions of learned counsel for the petitioner can be good grounds for consideration of regular bail of the petitioner by the learned court below in case the Patna High Court Cr.Misc. No.15717 of 2012 (2) dt.26-04-2012 petitioner surrenders within a period of six weeks in connection with Kotwali P.S. Case no. 206 of 2008 pending in the court of C.J.M., Patna. This application is disposed of with the aforesaid observation/direction. Let this order be transmitted through FAX at the cost of the petitioner. Anil/- (Dinesh Kumar Singh, 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.