Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14985 of 2012 ====================================================== 1. Ram Ratan Chourasia@Ratan Chourasia son of Ram Dhanik Chourasia 2. Vivek Chourasia, son of Ratan Chourasia. 3. Nand Kishor Chourasia, son of Shiv Jee Chourasia. 4. Shive Jee Chourasia, son of Permeshwer Chourasia 5. Bablu Chourasia, son of Shiv Jee Chourasia 6. Lalan Chourasia, son of Ram Dhanik Chourasia 7. Kala Ram Devi @ Kala Ram Devi, wife of Shiv Jee Chourasia. 8. Shambhu Chourasia, son of Shiv Jee Chourasia All resident of village- Sonha Paschim PS Kamal, District- Begusarai. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 2 09-04-2012 Heard learned counsel for the petitioners and learned APP for the State. The petitioners apprehend their arrest in S. Kamal P. S. Case No. 208 of 2010 for the offence punishable under [STATUTE] . It is submitted that after death of Manoranjan Kumar a large number of people gathered to see the dead body, out of them a few persons committed the alleged occurrence. The petitioners have been falsely implicated in this case due to enmity. Petitioner No. 1 Ram Ratan Chourasia had filed Complaint Case No. 1733 C of 2005 against the informant Veena Devi and others. It is further Patna High Court Cr.Misc. No.14985 of 2012 (2) dt.09-04-2012 2 submitted that there is omnibus allegation against the petitioners. It is also apparent from the order of learned Sessions Judge that during investigation the Supervisory Authority has not found any case under [STATUTE] . Learned counsel for the State could not controvert the contention of the petitioners while opposing their prayer. Considering the facts and circumstances, in case the petitioners surrender before the Court of learned Chief Judicial Magistrate, Begusarai and pray for bail within a period of four weeks, they would be enlarged on bail on furnishing bail bonds of Rs.10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in S. Kamal P. S. Case No. 208 of 2010, subject to the conditions as laid down under Section 438(2) Cr. P.C and with further condition that (i) The petitioners will not indulge themselves in similar or any other offence. (ii) One of the bailors must be the close relative of the petitioners. (iii) The petitioners will be well represented in the Patna High Court Cr.Misc. No.14985 of 2012 (2) dt.09-04-2012 3 Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, their bail bond would be liable to be cancelled by the learned Court concerned. Kanchan/- (Amaresh Kumar Lal, 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.