Case Facts:
Patna High Court Cr.Misc. No.21371 of 2012 (2) dt.12-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21371 of 2012 ====================================================== 1.Sudama Ojha son of late Jagdish Ojha 2.Surant Devi wife of Sudama Ojha Both are resident of Mohalla- Mahajan Toli No.1, in front of Sadar Hospital, Ara, P.S.-Ara Town, Distrcit-Bhojpur. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 12-06-2012 Heard learned counsels for petitioners, State and the informant. 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 complainant was married to the son of the petitioners in the year 1997. Subsequently, the husband of the complainant died in the year 2004. Thereafter, the present complaint has been filed in 2011. It is also stated that from narration made in the complaint it would appear that the dispute essentially relates to claim of share in the ancestral property. It is further submitted that three other co-accused namely, Uma Shankar Ojha, Om Prakash @ Aman Ojha and Shiv Prakash Ojha @ guddu Ojha having identical allegation have already been granted by order dated 23.4.2012 passed in Cr. Misc. No.14714 of 2012 by another Bench of this court. Be that as it may, considering the nature of allegation, facts and circumstance of the case, let the petitioners named above in the event of arrest or surrender within a period of four weeks from the date of receipt/production Patna High Court Cr.Misc. No.21371 of 2012 (2) dt.12-06-2012 of a copy of this order be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub. Divisional Judicial Magistrate, Bhojpur at Ara in connection with Complaint Case No.570 (C) of 2011 subject to the conditions as laid down under section 438(2) Cr.P.C. and also subject to the 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 shall take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, they shall immediately inform the court and request that they may be permitted to be present through 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. Md.S./- (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.