Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43472 of 2011 Chhote Sahni, son of Paltu Sahni, resident of village-Sarhachiya, P.S. Hasanpur, District- Samastipur. ….. Petitioner. Versus 1. The State of Bihar. 2. Lalita Devi, W/O Chhote Shani, D/O Ram Charitra Sahni, resident of village- Sarhachiya, P.S. Hasanpur, District- Samastipur, at present residing at Village- Shadipur Ghat, P.S.- Khanpur, District- Samastipur. …. Opposite Parties. ------------------------ 02- 11.1.2012 Heard the Parties. The petitioner is in custody in connection with Complaint Case No.714 of 2010 corresponding to Trial No.2120 of 2011 for offences punishable under [STATUTE] . The allegation as set out in the complaint petition charges the petitioner and his family members of causing physical assault and mental harassment on the complainant. The marriage has taken place on 30.7.2005 and the complainant alleges that on the pretext of dowry she was subjected to mental and physical harassment. Learned counsel for the petitioner with reference to the statement made in paragraph 7 of the application submits that the allegation is not correct, inasmuch as the petitioner himself has filed a Matrimonial Case No.214 of 2010 under section 9 of the Hindu Marriage Act and which is pending consideration before the Principal Judge, Family Court, Samastipur. Learned counsel further with reference to the statement made in paragraph 12 of the application submits that despite bald allegation made by the complainant yet the petitioner is prepared to restore the dignity and honour to the complainant provided she is willing 2 stay with him. Regard being had to the circumstances and submission of learned counsel for the petitioner made with reference to the statements in paragraphs 7 and 12 of the present application, let the petitioner, namely, Chhote Sahni, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Rosera, Samastipur in connection with Complaint Case No.714 of 2010 corresponding to Trial No.2120 of 2011. Before parting with the order this Court would like to observe that as the marriage in question is more than five years and the grievance raised is more of an in-house dispute, the learned court below in seisin of the matter before proceeding with trial of the case on merits, would first make an endeavour to find an amicable resolution to the dispute. (Jyoti Saran, J.) S.K.Pathak/

Applicable IPC Section: 323

Statute Text:
Section 323 of the Indian Penal Code. Voluntarily causing hurt. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.