Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.46124 of 2012 ====================================================== 1. Phool Pyari Devi W/O Harendra Yadav R/O Village - Pidiya, P.O. Ekauni, P.S. Dumraon, District - Buxar 2. Harendra Yadav S/O Ram Yash Yadav R/O Village - Pidiya, P.O. Ekauni, P.S. Dumraon, District - Buxar .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 2 17-12-2012 Heard learned counsel for the petitioners and Mr. Ramesh Chandra, learned Additional Public Prosecutor for the State The petitioners are apprehending their arrest in connection with Dumraon P.S. Case No. 244 of 2012 for the offences punishable under [STATUTE] . Learned counsel for the petitioners submits that for the reasons that the petitioner No.1 happens to be Up-Mukhiya and has been bringing the misdeeds of the informant to the notice of the department, that the informant has been instituting cases against the Up-Mukhiya or her husband at regular intervals. It is stated that earlier also on similar allegations a case was instituted against the husband of the petitioner No.1 who is the Patna High Court Cr.Misc. No.46124 of 2012 (2) dt.17-12-2012 2 / 2 2 petitioner No.2 herein and a Bench of this Court considering the circumstances, was pleased to order for release the said petitioner on anticipatory bail. It is further stated that the petitioners do not have any criminal antecedent except for the cases instituted by this informant. Regard being had to the submissions of learned counsel, let the petitioners namely, Phool Pyari Devi and Harendra Yadav in the event of their arrest/surrender before the Court below within a period of eight weeks from today, be released on bail upon each of them furnishing individual bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar in connection with Dumraon P.S. Case No. 244 of 2012 subject to the conditions stipulated under Section 438(2) of the Code of Criminal Procedure. Bibhash/- (Jyoti Saran, J)

Applicable IPC Section: 353

Statute Text:
Section 353 of the Indian Penal Code. Assault or use of criminal force to deter a public servant from discharge of his duty. Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person to the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.