Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44430 of 2011 ====================================================== Pappu Choudhary Son of Satendra Choudhary, Resident Of Village- Jaddu Paran, Police Station- Chak Mehsi, District- Samastipur .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 3 23-01-2012 Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Chak Mehsi P.S.Case No.40 of 2010 for the offences punishable under [STATUTE] . The allegation against the petitioner and two others is of taking away the son of the informant while assaulting him and on the following day, the dead body of the son of the informant was found. Learned counsel for the petitioner, while referring to the allegation made in the F.I.R, submits that the allegation against the petitioner and two others was of assaulting the deceased but Patna High Court Cr.Misc. No.44430 of 2011 (2) dt.23-01-2012 2 the post mortem report present at Annexure-2 shows only one ligature mark on the neck and considering this aspect of the matter, the other co-accused have been released on bail by other bench of this court. Regard being had to the submissions of the learned counsel, let the petitioner Pappu Choudhary be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur in connection with Chak Mehsi P.S.Case No.40 of 2010, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and, if he is, he shall not be released on bail, (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his Patna High Court Cr.Misc. No.44430 of 2011 (2) dt.23-01-2012 3 release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (iv) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse, and (v) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. ahk (Jyoti Saran, J)

Applicable IPC Section: 504

Statute Text:
Section 504 of the Indian Penal Code. Insult intended to provoke breach of the peace. Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.