Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41627 of 2011 ====================================================== 1.Raj Kumar Ram, Son of Sri Sohram Ram. 2.Rohit Kumar, Son of Sri Raj Kumar Ram. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE AKHILESH CHANDRA) 3 02-02-2012 Supplementary affidavit has been filed on behalf of the petitioners. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in connection with a case registered for the offence punishable under [STATUTE] , are named accused in this case. After some arguments, learned counsel for the petitioner seeks permission to withdraw this application with respect to petitioner no. 1 with a liberty to surrender before the court below within a fortnight for a prayer of regular bail, which Patna High Court Cr.Misc. No.41627 of 2011 (3) dt.02-02-2012 2 / 2 2 shall be considered on its own merit without being prejudiced of instant withdrawal. Permission is granted. Accordingly, this application with respect to petitioner no. 1, namely, Raj Kumar Ram stands disposed of as withdrawn. So far as, petitioner no. 2 is concerned, submission is that though he is named but with exaggerated allegation. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks, let petitioner no. 2, namely, Rohit Kumar be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Barh, in connection with Athmalgola P.S. Case No. 114 of 2011, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen-II/- (Akhilesh Chandra, 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.