Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33900 of 2011 ====================================================== Bishwanath Jha, Son of Late Kishori Jha, resident of Village- Basantpur, P.S. Khanpur, District-Samastipur. .... .... Petitioner. Versus 1. The State Of Bihar. 2. Nutan Kumari, Wife of Bishwanath Jha, daughter of late Abdhesh Mishra, resident of Mohalla- Shobhan Basantpur, P.S. Khanpur, District-Samastipur. At present Kashipur, Opposite-K.E.H.E. School, Shastri Gali, Samastipur. .... .... Opposite Parties. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 4 05-03-2012 The petitioner being the husband is apprehending his arrest in complaint case in which cognizance has been taken for the offences punishable under [STATUTE] . Learned counsels for the petitioner and the complainant submit that on instructions, both sides are ready for resumption of conjugal life. Hence, accusation is not being deliberated. Considering the stand of the parties, both sides shall appear before the learned court below on 19.03.2012 when the petitioner will take back the complainant to her matrimonial house to keep her as wife with full dignity and honour. It is further submitted by learned counsel for the petitioner that the petitioner will take the complainant to his Patna High Court Cr.Misc. No.33900 of 2011 (4) dt.05-03-2012 2 / 2 2 place of working at Delhi within one month from the court itself. Considering the stand of the parties, let the petitioner above named be released on provisional anticipatory bail for one year in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with C.R. No. 301 of 2009 (T.R. No. 1540 of 2010) on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Samastipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The provisional bail of the petitioner will be confirmed by the learned court below in two eventualities if the matrimonial harmony is restored substantially within one year or the complainant deliberately refuses to reside with the petitioner. U.K./- (Dinesh 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.