Case Facts:
Patna High Court Cr.Misc. No.5644 of 2011 (2) dt.30-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5644 of 2011 ====================================================== Muzahir Sheikh Alias Mojahid Sheikhson of Shukul Sheikh, resident of village-Maldahiya (Sheikh Patti) Uttarwari Tola, PS-Shikarpur, District- West Champaran. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. Jangbahadur Patel @ Jangbahadur Raut son of Hunkar Raut, R/o vill- Maldahiya, PS-Shikarpur, District-West Champaran. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 30-03-2012 Heard learned counsel for the petitioner and learned counsel for the State. In this case, the petitioner is challenging the order dated 17.11.2010 passed in Trial No. 2898/2011 and the petitioner is facing the trial under [STATUTE] . According to the complaint petition it appears that the petitioner was surrounded and the accused person has taken away Rs. 40,000/- including the other articles. The petitioner says that it is completely a malicious prosecution and only to harass the petitioner, this case has been lodged. At this stage, this Court cannot look into the defence of the petitioner. Accordingly, this petition is dismissed with liberty, the petitioner to raise all the points at the time of framing of charge. Mahesh/- (Shivaji Pandey, J)

Applicable IPC Section: 382

Statute Text:
Section 382 of the Indian Penal Code. Theft, after preparation having been made for causing death, or hurt, or restraint or fear of death, or of hurt or of restraint, in order to the committing of such theft, or to retiring after committing it, or to retaining property taken by it. Whoever commits theft, having made preparation for causing death, or hurt, or restraint, or fear of death, or of hurt, or of restraint, to any person, in order to the committing of such theft, or in order to the effecting of his escape after the committing of such theft or in order to the retaining of property taken by such theft, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.