Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 36950 of 2012 ====================================================== Dipak Prasad S/O Gayaneshwar Prasad R/O Vill-Babhangawa, Ps.- Krishangarh, Distt-Bhojpur. .... .... Petitioner/s Versus The State Of Bihar . .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 31-10-2012 Heard Mr. Bakshi S.R.P. Sinha, learned senior counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in connection with Barahara (Krishnagarh) P.S. Case No. 176 of 2012 registered for offence punishable under [STATUTE] and Section 3 (x) (1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as the ‘SC and ST Act’) Learned counsel for the petitioner submits that from the plain reading of the F.I.R. it is clear that the case is false and frivolous. He submits that the background will make it obvious that the case is also motivated since the father of the petitioner was assaulted by henchmen of the informant in the present case for which he was hospitalized and just to counter that case, the present case has been lodged at the same time at which the case against Patna High Court Cr.Misc. No.36950 of 2012 (2) dt.31-10-2012 2 the henchmen of the present informant was lodged. Learned counsel submits that even on merit all sections are bailable except for Section 3 (x) (1) of the SC and ST Act. Learned counsel submits that from the very allegation it is apparent that even if for argument sake, the same is accepted to be true then also the only allegation is that the petitioner along with another person had entered into the house of the informant and had made derogatory remarks against his caste. The petitioner is in custody since 18.07.2012. Learned A.P.P. for the State opposes the prayer for bail and submits that there is allegation against the petitioner of assault and also under the SC and ST Act and thus he does not deserve to be released on bail. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, let the abovenamed petitioner be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara in connection with Barahara (Krishnagarh) P.S. Case No. 176 of 2012. Anjani/- (Ahsanuddin Amanullah, 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.