Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22728 of 2012 ====================================================== 1. Sabila Khatoon, wife of Kurshid @ Khurshid. 2. Kurshid @ Khurshid, son of Amruddin. Both residents of village-Ujani, P.S.-Naugachiya, District-Bhagalpur. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 14-06-2012 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The petitioners seek anticipatory bail in connection with a case instituted for the offence punishable under [STATUTE] . It is submitted that from the allegations made in the F.I.R., ingredients of offence under [STATUTE] would not be attracted and the case would hardly come within the purview of [STATUTE] which are bailable in nature. It is also contended that the informant and the petitioners are neighbours. Due to intervention of friends and well-wishers the matter has amicably been settled between the parties. A joint compromise petition with signature of the parties and their respective advocates has also been filed in the court of the learned Chief Judicial Magistrate, Naugachia. Be that as it may, considering the nature of allegation, facts Patna High Court Cr.Misc. No.22728 of 2012 (2) dt.14-06-2012 2 / 2 2 and circumstances of the case, let the petitioners above named in the event of their arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of a copy of this order, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Naugachia in connection with Naugachia P.S. Case No. 189 of 2011 subject to the condition as laid down under Section 438(2) Cr. P.C. and also on the following conditions: (i) That both the bailors will be close relative of the petitioners who will give separate affidavit giving genealogy as to how they are related with the petitioners. (ii) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That they shall remain present before the court on the dates fixed for hearing of the case. If they want to remain absent, then they will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, they will immediately inform the court and request that they may be permitted to be present through their counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioners violate any of the conditions imposed by this Court. Sanjeet/- (Ashwani 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.