Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1936 of 2012 Nago Yadav Versus The State Of Bihar ---------------------------------- 2/ 19.1.2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a complaint case in which cognizance has been taken under [STATUTE] . It is alleged that the petitioner established forceful physical relationship with his bhabhi (sister in law). Initially, the cognizance was taken for the offence under [STATUTE] but in pursuance to the revisional order, cognizance under [STATUTE] was taken. It is submitted by learned counsel for the petitioner that the complainant is 61 years of age whereas petitioner is aged 59 years and there was series of litigation due to land dispute between the parties. The enquiry report as contained in Annexure 2 was submitted by SDPO, which reflects that a false case was lodged due to litigations going on between the parties. It is also submitted that no medical examination of the victim was done. Considering the fact that at the initial round, the court below did not find the accusation true under [STATUTE] and enquiry report of the SDPO also negates the accusation, let the above named petitioner be released on bail 2 in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs.10000/(ten thousand) with two sureties of the like amount each to the satisfaction of J.M. Ist Class, Jamui in Complaint Case no. 1225 C of 2007 subject to the conditions as laid down under section 438(2) of the Cr.P.C. 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.