Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2127 of 2012 ====================================================== 1. Shambhu Saran Prasad 2. Prashant Kumar Prabhakar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07/ 07-08-2012 Heard learned counsels for the petitioners, the State and the complainant. The petitioners are apprehending their arrest in a complaint case in which cognizance has been taken for the offences punishable under [STATUTE] . It is alleged that the complainant and his brother Nagina Rai executed a power of attorney in favour of Prashant Kumar Prabhakar (petitioner) with regard to the land. Subsequently, the complainant came to know that the land has been transferred by virtue power of attorney in favour of Avinash Kumar. In the sale deed it has been mentioned that Rs.10,56,000/- has been paid to Nagina Rai. It is submitted by learned senior counsel for the petitioners that in pursuance to the power of attorney Patna High Court Cr.Misc. No.2127 of 2012 (7) dt.07-08-2012 2/3 dated 01.08.2009 the sale deed was executed and the complainant and his brother have not denied the signature on the documents of receiving money. Moreover, the title suit for the same cause of action is pending between the parties. Learned counsel for the petitioner submits that Annexure-C of the counter affidavit is an agreement for sale dated 28.07.2009 which was definitely executed by the petitioners prior to the execution of the registered power of attorney and consideration money has already been paid to the complainant and his brother. It is further submitted by learned counsel for the complainant that the power of attorney was executed for locating the perspective buyers and not for execution of sale deed. The person in whose favour the agreement to sell was executed has also lodged case against the petitioners. Considering the fact that the execution of the power of attorney has not been denied by the complainant and for the same cause of action a title suit is pending between the parties, let the above named petitioners be released on Patna High Court Cr.Misc. No.2127 of 2012 (7) dt.07-08-2012 3/3 anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Complaint Case No. CI-2867 of 2010, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (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.