Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21207 of 2012 ====================================================== Mohammad Hazarat Ali @ Hazrat Ali @ Mohammad Hazarat .... .... Petitioner/s Versus The State Of Bihar & Anr. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 29-08-2012 Heard learned counsel for the petitioner and Mr. A.M.P. Mehta, learned counsel for the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which cognizance has been taken under [STATUTE] . The accusation is of torture. The petitioner is ready to keep the complainant as wife with full dignity and honour but the counsel appearing for the complainant submits that the complainant is not ready to resume the conjugal life as she is apprehensive due to past conduct of the petitioner. Similar was the stand of the complainant before the learned court below. It is submitted that there is female child out of the wedlock who is residing with the petitioner. In the circumstances, the petitioner is ready to pay Rs. 5,00/- per month to the complainant from October, 2012 by Patna High Court Cr.Misc. No.21207 of 2012 (3) dt.29-08-2012 2/2 depositing the same in the bank account of the complainant by second week of every month. The offer of the petitioner is acceptable to the counsel appearing for the complainant who undertakes to supply the bank account number of the complainant to the petitioner within a period of three weeks by filing the same on affidavit before the learned court below. Considering the present stand of the petitioner, 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 Judicial Magistrate, Siwan in connection with C. Case No. 1000 of 2010, subject to the conditions as laid down under Section 438(2) Cr.P.C. The aforesaid payment will be subject to any order being passed in matrimonial or maintenance proceeding. Three consecutive defaults in making payment by the petitioner will give liberty to the informant to file an application for cancellation of bail of the petitioner. Amrendra/- (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.