It is crystal clear from the facts and circumstances of the case that petitioners were not armed with any weapon at the time of alleged occurrence, in this way applicability of section 452 PPC is highly doubtful.
It evinces from the record that the complainant is sister-in-law (Bhabi) of accused persons and is living with their real brother. The petitioners have easy access to enter in the house of their brother due to the close kith and kin. It is admitted at all hands that the parties are closely related to each other, therefore, express penal provisions of section 452, PPC are not attracted against the petitioners as they had access to the houses of each other without interference.
Even otherwise, if an accused person has a good case for post arrest bail mere at the wish of complainant, he cannot be sent behind the bars for few days by dismissing his application for pre-arrest bail. It is by now well settled that merits of the case can also be taken into consideration while deciding the bail before arrest.
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