Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1172 of 2012 ====================================================== Anand Bihari Srivastava .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 3 24-01-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a complaint case in which cognizance has been taken under [STATUTE] . The accusation is of making assault with knife. Initially the cognizance was taken under [STATUTE] . Said order was challenged in revision by the complainant when in pursuance to the revisional order, the cognizance was taken on 05.03.2011 under [STATUTE] . The injury report reflects two incise penetrating injuries of marginal size whereas the other injuries are bruise and swelling. It is submitted by learned counsel for the petitioner that the complainant is the husband’s brother of the sister of the Patna High Court Cr.Misc. No.1172 of 2012 (3) dt.24-01-2012 2/3 petitioner and in the year 2007 petitioner’s lodged a case against the complainant’s side and hence in retaliation, the present case has been lodged on 02.01.2009 for the occurrence of 28.12.2008 and the doctor who examined the injury is not a registered doctor. It is submitted by learned counsel for the complainant that the sister of the petitioner also lodged a case against the petitioner and for putting pressure to withdraw the said case the occurrence has been committed and the injury has been caused. The delayed ventilating of the accusation through complaint when initially prima facie case was found under [STATUTE] in the background of litigation between the parties from before somehow clouds the bona fide of the accusation. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Hajipur In connection with Complaint Case No. 22 of Patna High Court Cr.Misc. No.1172 of 2012 (3) dt.24-01-2012 3/3 2009 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Learned court below will be at liberty to cancel the bail of the petitioner if he defaults for three consecutive occasions. Amrendra/- (Dinesh Kumar Singh, J.)

Applicable IPC Section: 326

Statute Text:
Section 326 of the Indian Penal Code. Voluntarily causing grievous hurt by dangerous weapons or means. Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.