Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21368 of 2012 ====================================================== 1. Gula Afaque @ Md. Gullo Afaque, Advocate & Chairman of Pacs S/O Moti Afaque Advocate Resident of Village- Manowar, Police Station- Mahishi (Jalai), District- Saharsa, 2. Md. Khurram @ Zakir Hussain S/o Moti Afaque Advocate Resident of Village- Manowar, Police Station- Mahishi (Jalai), District- Saharsa, 3. Md. Mohare Rajjak @ Rustam S/o Moti Afaque Advocate Resident of Village- Manowar, Police Station- Mahishi (Jalai), District- Sahars, 4. Md. Aniruha Hussain @ Lal Babu @ Lala Babu S/o Moti Afaque Advocate Resident of Village- Manowar, Police Station- Mahishi (Jalai), District- Saharsa, 5. Md. Heera @ Heera @ Kaisar Afaque S/o Moti Afaque Advocate Resident of Village- Manowar, Police Station- Mahishi (Jalai), District- Saharsa. .... .... Petitioners Versus 1. The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 11-06-2012 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The petitioners apprehend their arrest in connection with a case instituted for the offence punishable under [STATUTE] and 3(i) (x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act. It is submitted that apart from Section 3(i)(x) of the S.C. & S.T. (P.O.A) Act, 1989 and [STATUTE] all other sections are bailable in nature. Section 3(i)(x) of the S.C. & S.T. Act would not apply in view of the fact that the occurrence is alleged to have taken place inside the house of the petitioners which was not a place within public view. It is also contended that the offence under [STATUTE] Patna High Court Cr.Misc. No.21368 of 2012 (2) dt.11-06-2012 2 / 2 2 has been inserted in order to make the offence grave. Be that as it may, considering the facts and circumstances of the case, let the petitioners above named in the event of their arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of a copy of this order, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Mahishi P.S. Case No. 162 of 2010 subject to the condition as laid down under Section 438(2) Cr. P.C. and also on the following conditions: (i) That both the bailors will be close relative of the petitioners who will give separate affidavit giving genealogy as to how they are related with the petitioners. (ii) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That they shall remain present before the court on the dates fixed for hearing of the case. If they want to remain absent, then they will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, they will immediately inform the court and request that they may be permitted to be present through their counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioners violate any of the conditions imposed by this Court. Sanjeet/- (Ashwani Kumar Singh, J)

Applicable IPC Section: 379

Statute Text:
Section 379 of the Indian Penal Code. Theft. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.