Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21409 of 2012 ====================================================== 1. Chando Devi, W/o Kapil Swarnkar, Resident of Village- Marpasauna Bangalipur, Ward No. 11, P.S and District- Sheikhpura. 2. Most Pinki Devi, D/o Late Kapil Swarnkar, Resident of Village- Marpasauna Bangalipur Ward No. 11, P.S and District- Sheikhpura. .... .... Petitioners Versus 1. The State of Bihar ... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 11-06-2012 Heard Mr Pankaj Kumar, learned counsel for the petitioners and Mr. P.K. Chaurasia, learned A.P.P. for the State. The petitioners apprehend their arrest in connection with a case instituted under [STATUTE] as well as Sections 3(i)(x) (xi) and (xv) of the S.C. & S.T. (Prevention of Atrocities) Act. It is contended that apart from the offence under S.C. & S.T. (P.O.A.) Act, the offences alleged under the penal code are all bailable in nature. There is a general and omnibus allegation against altogether five persons who have been made accused in the case. The informant has alleged that the occurrence took place inside the house which was not within public view. The further contention is that the present case has maliciously been instituted with ulterior motive in order to malign the petitioners who are lady members of the family as there is already existing land dispute between Patna High Court Cr.Misc. No.21409 of 2012 (2) dt.11-06-2012 2 / 2 2 the parties. Be that as it may, considering the facts 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 Chief Judicial Magistrate, Sheikhpura in connection with Munger Sadar S.C./S.T. P.S. Case No. 23 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.