Case Facts:
Patna High Court Cr.Misc. No.8865 of 2012 (2) dt.14-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8865 of 2012 ====================================================== 1. Hema Kumari D/O Sone Lal Sahani R/O Village - Purainiya, P.S. Lalganj, District - Vaishali .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL ORDER 2 14-03-2012 Heard learned counsel for the petitioner. This application has been filed for modification of the order, dated 17.8.2011 by which the prayer for anticipatory bail of present petitioner (who was petitioner no.2 in Cr.Misc. No. 27543/2011) had been rejected whereas petitioner no.1 was granted anticipatory bail. Counsel for the petitioner submits that cognizance in this case was taken on 19.5.2006 under [STATUTE] . It appears that an enquiry was set up by the court below as section 313 of the Penal code was added in the order taking cognizance. This court has no way of knowing whether the enquiry has concluded as yet. It appears that the court is not serious about the enquiry and the matter has remained lying unattended. In any e vent if cognizance was taken under [STATUTE] only, there was no necessity of filing anticipatory bail application as [STATUTE] is bailable. The order was Patna High Court Cr.Misc. No.8865 of 2012 (2) dt.14-03-2012 passed on the assumption and the pleadings in the bail petition which indicated that a case was made out under [STATUTE] . Since there is no final order with respect to the enquiry, it is difficult for this court to hold that a case is made out under [STATUTE] . Therefore, the order, dated 17.8.2011 is modified to the extent that petitioner no.2, namely, Hema Kumari is granted provisional anticipatory bail on her surrender or arrest within six weeks in Complaint Case No. 2856/2005, giving rise to Trial No. 1810/2011 on the furnishing bail bond of rupees five thousand with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali, subject to the fact that the enquiry in this case leads to the conclusion that cognizance was taken only under [STATUTE] . If on enquiry it is found that the case is one under [STATUTE] , the order, dated 17.8.2011 as far as it concerns petitioner no.2 shall stand revived. This modification application is disposed of in the aforesaid terms. haque/- (Sheema Ali Khan, 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.