Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10634 of 2012 ====================================================== 1. Gyanti Devi 2. Bashishth Sharma 3. Indu Devi 4. Priyanka Kumari .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 05-04-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . Initially the petitioners were granted bail by the learned Chief Judicial Magistrate but after submission of the charge-sheet under [STATUTE] the present anticipatory bail application has been filed. Considering the ratio laid down in Bishundeo Sah Vs. State of Bihar reported in 2011(1) PLJR 731 the anticipatory bail application of the Patna High Court Cr.Misc. No.10634 of 2012 (2) dt.05-04-2012 2/2 petitioners is not maintainable. But, I see no reason why in view of the ratio in Mahendra Singh Vs. State of Bihar 2004 (3) PLJR 491 the petitioners are not entitled for release on regular bail if they have not misused the privilege of the earlier bail. Let the learned court below pass appropriate order in view of the ratio aforesaid. With the aforesaid observation, this application is disposed of. Let the order be transmitted to the learned court below in connection with Trial No. 3100 of 2011 arising out of Sikta P.S. Case No. 67 of 2011 pending in the court of Sri Rajendra Kumar Pandey, learned Judicial Magistrate, Ist Class, Bettiah, West Champaran through fax at the cost of the petitioners. DKS/ (Dinesh Kumar Singh, J.) .

Applicable IPC Section: 447

Statute Text:
Section 447 of the Indian Penal Code. Criminal trespass. Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.