Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3951 of 2012 ====================================================== Sonu Paswan .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 01-03-2012 Heard learned counsels for the petitioner, informant and the State. The petitioner is languishing in jail since 4.6.2011 in a case registered for the offences punishable under [STATUTE] . It is alleged that on 1.6.2007 at 6.00 P.M. the neighbours of the informant assaulted the informant when she went to police station and from there to hospital for treatment but when returned home she found her daughter Hema Kumari aged about 13-14 years but kidnapped by the petitioner when cash of Rs.20000 was also taken away from house. It is submitted by learned senior counsel for the petitioner that on 6.4.2010 the mother of this petitioner filed a complaint against the informant and victim for making assault abusing by calling caste name and taking Rs.18000, in which Patna High Court Cr.Misc. No.3951 of 2012 (3) dt.01-03-2012 2 / 3 2 cognizance was taken then as a pressure tactics the present case was lodged on 1.6.2007. It is further submitted that the informant subsequently filed a complaint which came to be registered as Bihar P.S. Case no. 295/2011 on 3.11.011 for the further abduction of the victim at the hands of the brother of the petitioner in which the petitioner was not named since the petitioner was in jail at the relevant time, when 164 statement of the victim was recorded where she admitted that she is aged about 19 years when the court assessed her age as 18 years and she had married on her own with the petitioner hence she wants to reside with the petitioner, when the court below on 18.11.2011 directed the I.O. to reach the victim to her desired place. While learned senior counsel for the informant submits that in 164 statement recorded in the present case the victim admitted that she was abducted by this petitioner and more over apart from offences under [STATUTE] , the charge sheet has also been submitted under [STATUTE] also. Considering the rival submissions of the parties particularly the medical opinion which suggests the victim between 17-18 years of age and the victim’s 164 statement recorded Bihar P.S. Patna High Court Cr.Misc. No.3951 of 2012 (3) dt.01-03-2012 3 / 3 3 Case no. 295/2011 that she has married with petitioner and wants to reside with the petitioner when the learned court below on 18.11.2011 directed the I.O. to reach the victim at her desired place, let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Ist Additional Sessions Judge, Nalanda at Biharsharif in S.T. No. 517 of 2011 arising out of Sohsarai P.S. Case no. 51 of 2011. The learned court below will be at liberty to cancel the bail of the petitioner in case he defaults on three consecutive occasions. 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.