Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3287 of 2012 Awadhesh Kumar Gupta @ Awadhesh Kumar Versus The State Of Bihar ---------------------------------- 2/ 25.1.2012 Heard learned counsels for the petitioner, learned counsel for the state and learned counsel for the informant. The petitioner has filed the present application for confirmation of provisional anticipatory bail granted to him vide order dated 25.4.2011 passed in Cr. Misc. No. 12985 of 2011 whereby the petitioner being accused as husband in a case under [STATUTE] was granted provisional bail for six months and it was directed that the learned court below should issue notice to the wife of the petitioner for her appearance. On appearance, the wife was supposed to be taken to her matrimonial house and to be kept with full dignity and honour by the petitioner. The learned court below was to confirm the provisional bail of the petitioner on being satisfied about the substantial restoration of the matrimonial harmony within a period of six months, or if the wife deliberately refused to reside with the petitioner. It appears from order dated 6.9.2011 passed in Matrimonial Case no. 179 of 2010 that the wife was inclined to reside with the petitioner only when the 2 petitioner arranges a separate rental house for accommodation. Considering the stand of the wife, which is contrary to the direction of this Court, the provisional anticipatory bail granted to the petitioner is hereby confirmed in connection with Ara Town P.S. Case no. 297 of 2010 pending in the court of C.J.M. Ara. However, this confirmation of bail will not preclude the wife to resume the conjugal life and go to her matrimonial house. Needless to say, if the wife files an application before the learned court below showing her inclination to go with the petitioner, the learned court below will issue notice to the petitioner, who shall take his wife and keep her with full dignity and honour. This application is disposed of with the aforesaid observation/direction. Let this order be communicated to the court below through FAX at the cost of the petitioner. Anil/ (Dinesh Kumar Singh, J.)

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.