Case Facts:
Patna High Court Cr.Misc. No.24618 of 2012 (2) dt.20-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24618 of 2012 ====================================================== 1. Parma Nand Singh, 2. Vikash Singh, 3. Dinesh Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 20-07-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under [STATUTE] and sections 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. The accusation is that the petitioners came with lathi, danda, rod and pistol etc. and demanded Rs.2000 as extortion for purchase of liquor, made assault and abused the informant by calling the caste name and also burnt the straw to ashes. It is submitted that on the eve of Holi some altercation took place when accusation has been levelled when no injury has been caused to any one and accusation cannot be treated under section sections 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act since the occurrence did not Patna High Court Cr.Misc. No.24618 of 2012 (2) dt.20-07-2012 take place in public view. It is further submitted that for the occurrence of 7.3.2012 at 6.30 P.M. the FIR was lodged on 8.3.2012 at 1.30 P.M. Delayed lodging of the FIR 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 twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhabhua, Kaikur in connection with S.C./S.T. Bhabua P.S. Case No. 11 of 2012 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.