Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22099 of 2012 ====================================================== 1. Nagendra Singh S/O Suraj Singh, R/O Vill. - Sri Ram Path, West Patel Nagar, P.S. Sastri Nagar, District - Patna 2. Bebi Devi, W/O Nagendra Singh, R/O Vill. - Sri Ram Path, West Patel Nagar, P.S. Sastri Nagar, District - Patna 3. Abha Kumari, D/O Nagendra Singh, R/O Vill. - Sri Ram Path, West Patel Nagar, P.S. Sastri Nagar, District - Patna 4. Abhay Kumar, S/O Nagendra Singh, R/O Vill. - Sri Ram Path, West Patel Nagar, P.S. Sastri Nagar, District - Patna 5. Ajay Kumar, S/O Nagendra Singh, R/O Vill. - Sri Ram Path, West Patel Nagar, P.S. Sastri Nagar, District - Patna 6. Satya Narayan Singh, S/O Late Bachu Singh, R/O Vill. - Sri Ram Path, West Patel Nagar, P.S. Sastri Nagar, District – Patna. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 13-06-2012 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The petitioners apprehend their arrest in connection with a case in which cognizance has been taken for the offence punishable under [STATUTE] . It is stated that the petitioners and the complainant hail from the same family. There is dispute in between the parties for partition of the family properties for which title partition suit no. 371 of 2009 is still sub- judice. Apart from [STATUTE] , all other offences are bailbale in nature. Admittedly, the complainant is not an eye-witness of the occurrence. Be that as it may, considering the nature of allegation, facts and Patna High Court Cr.Misc. No.22099 of 2012 (2) dt.13-06-2012 2 / 2 2 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 Sri Krishna Gopal, the learned Judicial Magistrate-Ist Class, Patna in connection with Complaint Case No. 1959(C)/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/Complainant 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.