Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40206 of 2012 ====================================================== 1. Rupesh Kumar Pandey S/O Sri Hriday Narayan Pandey R/O Village - Garoul, P.S. Bihra, District - Saharsa 2. Sushil Pandey S/O Late Mahi Narayan Pandey R/O Village - Garoul, P.S. Bihra, District - Saharsa .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 06-11-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that initially the minor daughter of the informant was kidnapped on 26.6.2011 when Bihra P.S. Case no. 61 of 2011 was registered when altogether nine persons were named accused excluding the petitioners. Subsequently, after return of the victim she again fled way when the present case was registered in which the same nine accused persons were named but the petitioner was again not named. 164 Cr.P.C. statement on return of the victim girl was recorded when she got her age recorded as 15 years and she alleged that these petitioners took her from the house and took Patna High Court Cr.Misc. No.40206 of 2012 (3) dt.06-11-2012 2/3 away to Madhepura where Saurabh Kumar Pandey, Sivendra Pandey, Dilip Rai, Amit Kumar Pandey, Gunjan Poddar, Ram Chandra Thakur and Govind Pandey were standing near the Bolero vehicle with Meena Devi when she was kept at Madhepura for four days. It is submitted that the victim was asked the account number of her father but nothing specific is alleged against the petitioner. It is further submitted that the victim girl was found aged between 16 to 17 years when 164 Cr.P.C. statement appears to be a tutored version. Considering the fact that FIR named accused Raman Kumar Pandey has been granted regular bail vide Cr. Misc. No. 1629 of 2012, this court sees no reason for the learned court below not to give similar relief to the petitioner in case the petitioner surrenders within eight weeks from today in connection with Bihra P.S. Case no. 67 of 2011 pending in the court of learned C.J.M., Saharsa. It is expected from the learned below to dispose of the bail application of the petitioner, preferably on the same day, if possible. This application is disposed of with the aforesaid observation/direction. Let this order be transmitted through FAX at the cost of Patna High Court Cr.Misc. No.40206 of 2012 (3) dt.06-11-2012 3/3 the petitioner. 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.