Case Facts:
Patna High Court Cr.Misc. No.42977 of 2011 (5) dt.12-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42977 of 2011 ====================================================== 1. Yogendra Kumar Yadav S/O Nagina Singh R/O Vill. Tendua, P.S Agrer, Distt. Rohtas .... Petitioner Versus 1. The State of Bihar 2. Nitu Kumari, d/o Birendra Ram (Chandrabanshi Khar) 3. Birendra Ram, s/o late Ram Lochan Ram, both r/o Tendua, P.S. Angrez, Post Marwandia district Rohtas .... Opposite Parties ====================================================== Appearance : For the Petitioner : Mr. Sanjay Kumar Tiwary, Adv. For the Opposite Party : Mr. Parmeshwar Mehta, APP For opposite party no.2 : Mr. Ataul Haque, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 5 12-09-2012 Heard learned counsel for the petitioner, opposite party no. 2 and the State. This is a petition for grant of anticipatory bail for offence under [STATUTE] . The learned counsel for the petitioner, however, contends that no marriage has been solemnized. However, a counter affidavit has been filed by opposite party no. 2 and has attached the affidavit, Annexure 1/A, before notary public by the petitioner accepting the marriage with opposite party no. 2 that he has married with opposite party no. 2, which has not been denied by the petitioner. Hence, it is apparent that prima facie it is admission of the petitioner of being the husband of opposite party no. 2. Having regard to the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. The prayer for bail is rejected. However, if the petitioner surrenders and prays for regular bail, then, that may be considered on it’s own merit without being prejudiced of this order. SA/- (Gopal Prasad, 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.