Case Facts:
Patna High Court Cr.Misc. No.15844 of 2012 (2) dt.27-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15844 of 2012 ====================================================== Surendra Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 27-04-2012 Heard learned counsels for the petitioner and the State. The petitioner being co villager of the informant is apprehending arrest in a case registered for the offences under [STATUTE] . The FIR was lodged against unknown when theft was committed in the house of the informant. The name of the petitioner sprang up after 45 days of the occurrence when the informant’s daughter named this petitioner. It is submitted that since the informant’s daughter was known to the petitioner, then there was no occasion for the informant not naming the petitioner in the FIR. The delayed naming the petitioner clouds the bonafide of the accusation. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten Patna High Court Cr.Misc. No.15844 of 2012 (2) dt.27-04-2012 thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Brahmpur (Krishna Braham) P.S. Case No. 55 of 2011 subject to the conditions as laid down under Section 438(2) Cr.P.C. Anil/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 457

Statute Text:
Section 457 of the Indian Penal Code. Lurking house-trespass or house-breaking by night in order to the commission of an offence punishable with imprisonment. Whoever commits lurking house-trespass by night, or house-breaking by night in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and, if the offence intended to be committed is theft, the term of the imprisonment may be extended to fourteen years.