Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41544 of 2012 ====================================================== Ezaz Khan @ Md. Ezaz Khan .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 03-12-2012 Heard learned counsels for the petitioner, informant and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under [STATUTE] later on [STATUTE] was added. It is alleged that due to some hot exchange of word between the father of the informant and Isteyak, initially threatening was given and subsequently Neyaz Khan, Anjar Khan, Shamshad Khan, Neshar Khan, Md. Isteyak and two other persons came when on the order of Anjar Khan, Neyaz Khan assaulted the father of the informant on head with iron rod and when he fell down other accused persons assaulted the father of the informant subsequently when the informant tried to intervene, Anjar Khan inflicted khanti blow to the informant causing fracture of left thigh, subsequently father of the informant succumbed to the Patna High Court Cr.Misc. No.41544 of 2012 (2) dt.03-12-2012 2/2 injuries. It is submitted by learned counsel for the petitioner that the petitioner was not named in the FIR and in the subsequent statement also, the informant did not name the petitioner but during supervision, it was suspected that the petitioner also participated in the occurrence. It is contended by learned counsel for the informant that subsequently it transpired that the petitioner also made assault as suggested by witnesses. Considering the fact that there is specific accusation against the FIR named accused persons when the petitioner was neither named in the FIR nor in the subsequently statement of the informant, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Sikrahana at Motihari in connection with Dhaka P.S. Case No. 135 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C. Amrendra/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 325

Statute Text:
Section 325 of the Indian Penal Code. Voluntarily causing grievous hurt. Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.