Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8385 of 2012 ====================================================== Babli Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 21-03-2012 Heard learned counsels for the petitioner, informant and the State. The petitioner is apprehending arrest in connection with Begusarai Sadar P.S. Case No. 120 of 2011 registered for the offences punishable under [STATUTE] and Section 3(I) (X) of the SC/ST (Prevention of Atrocities) Act pending in the court of learned Chief Judicial Magistrate, Saharsa. It is alleged that from five beneficiaries, the petitioner extracted Rs. 2,000/- each for getting their names included in the B.P.L. list and consequently getting the money sanctioned under Indira Awas Scheme. It is alleged against the petitioner that he came to the house of the informant and abused by calling caste name when at the instance of the petitioner being Panchayat Mukhiya, the assault was made. It is submitted by learned counsel for the petitioner that Patna High Court Cr.Misc. No.8385 of 2012 (2) dt.21-03-2012 2/ 2 due to the dispute with regard to getting the benefit under Indira Awas Scheme, the frivolous case has been lodged when no substantial injury was caused moreover, during inquiry it was found that money under Indira Awas Scheme has been sanctioned prior to making accusation and investigation is complete. It appears that similarly situated accused Shivendra Singh has been granted regular bail vide Cr. Misc. No. 5090 of 2012. I see no reason for the learned court below not give same privilege to the petitioner if the petitioner surrenders within a period of six weeks. With the above observation, this application is, accordingly, disposed off. Let the order be transmitted to the learned court below through fax at the cost 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.