Case Facts:
Patna High Court Cr.Misc. No.24447 of 2010 (4) dt.16-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24447 of 2010 ====================================================== 1. MD.ANWARUL S/O LATE WASIR 2. MD. ANSARUL @ MD. ANSARAK S/O LATE WASIR, 3. MD JAHIR S/O LATE MAKSUD, 4. MD. SAKIR @ SAKIR S/O LATE MAKSUD 5. SK. JAHANGIR S/O LATE RASID, ALL R/O VILLAGE- PURWARI JHIRWA, P.S.- SIMRAHA (FORBESGANJ), DISTRICT- ARARIA .... .... Petitioners Versus 1. THE STATE OF BIHAR 2. JAGDEO THAKUR S/O LATE DASAI THAKUR, R/O VILLAGE- SIMRAHA RAILWAY GUMATI, P.S. SIMRAHA (FORBESGANJ), DISTRICT- ARARIA .... .... Opposite Parties ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 4. 16.02.2012 1. The present petition has been filed for quashing the order dated 12.05.2010 passed in G.R. No. 453/2006 arising out of Forbesganj (Simraha) Police Station Case No. 81/2006 pending in the Court of Judicial Magistrate, Ist Class, Araria by which the application filed under [STATUTE] . at the instance of the prosecution was allowed. 2. Learned counsel for the petitioner has submitted that by the impugned order, the learned Magistrate ought not to have allowed the petition under [STATUTE] . after a lapse of four years since the institution of the case, moreso when such delay is not Patna High Court Cr.Misc. No.24447 of 2010 (4) dt.16-02-2012 explained and causes a doubt on the genuiness of the allegation. 3. Learned counsel for the opposite party no.2, on the other hand appears and supports the impugned order and submits that mere delay ought not to come in the way of trying the accused in respect of the offence under [STATUTE] . alleged. 4. I find from the impugned order that the petition under [STATUTE] . has been allowed on the ground that the case for the offence under [STATUTE] . has been supported by the witnesses of the prosecution in their deposition. 5. In the above view of the matter, I am not inclined to interfere in the matter and accordingly the writ petition stands dismissed. Fahad. ( Vikash Jain, 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.